Can an employer be liable for harassment of an employee by other employees because of his or her religion or belief?
Under the Equality Act 2010, can an employee bring a claim for harassment where the unwanted conduct is not directed at him or her?
If a third party harasses an employee, will his or her employer be liable for the third party's actions under the Equality Act 2010?
Can an employer and/or its employees be liable for harassment on the grounds of religion or belief where the victim is mistakenly believed to be of a particular religion or belief?
Yes. Section 26 of the Equality Act 2010 defines harassment as unwanted conduct related to a relevant protected characteristic that has the purpose or effect of violating a person's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that person.
This means that an employee can make a complaint of harassment where he or she is offended by behaviour even if it is not directed at him or her. The employee does not need to possess the relevant protected characteristic. For example, a non-Muslim employee (A) who witnesses a colleague (B) teasing another colleague (C) about C's Muslim faith, and is offended by the harassment that is directed at C, can bring a complaint of harassment. However,
A will succeed with the claim only if, having regard to all the circumstances including A's perception, the conduct should reasonably be considered as having the effect of violating A's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for A.
Can an employer and/or its employees be liable for harassment of an employee because of, for example, his or her partner's religion or belief?
Does the Equality Act 2010 outlaw associative discrimination?
Can an employer restrict a job to people of a particular religion or belief?
What "positive action" is permitted under discrimination legislation?
Under the law outlawing discrimination on the grounds of religion or belief are company dress codes permissible?
As Christmas is a Christian festival, can an employer still hold a Christmas party if some of its employees belong to other religions?
What issues should employers take into account regarding the timing of a work-related social event such as a Christmas party?
What issues should employers take into account when organising the catering for work-related social events?
Should employees who practise faiths other than Christianity be given additional annual leave to enable them to celebrate religious festivals?
Should employees who practise religions other than Christianity be given additional time off in lieu where a bank holiday is aligned to a Christian festival such as Easter?
Can Christian employees refuse to work on the bank holidays that are aligned to a Christian festival such as Easter?
Are employers required to monitor their employees' religions and beliefs?
How are employees protected from dismissal because of an act of discrimination?
Are Sikhs working on construction sites required to wear safety helmets?
Are employers obliged to let Sikh employees wear a kirpan under their clothing while at work?
Can employers require all employees to wear a uniform?
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