Can an employer be liable for harassment of an employee by other employees because of his or her religion or belief?
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?
Under the Equality Act 2010, can an employee bring a claim for harassment where the unwanted conduct is not directed at him or her?
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?
Yes. The harassment may relate to the actual or perceived religion or belief of someone else such as an employee's partner or colleague. Such harassment may also be race discrimination. Another consequence of the harassment not having to be directed at the victim personally is that if, for example, an employee were to witness the religious harassment of another employee, this could create an offensive environment within the meaning of s.26 of the Act (which defines harassment) that could amount to harassment “related to” religion or belief, even though the unwanted conduct is directed towards a third party. The employer will be liable unless it has a reasonable steps defence. The individual employees will also be liable, whether or not the employer has a reasonable steps defence.
XpertHR provides answers to more than 1,000 FAQs. But that's not all...
Request a demo today to find out how XpertHR can benefit your organisation
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?