Third party harassment and abuse policy

We comply with the Public Sector Equality Duty and the Equality Act 2010. Harassment related to protected characteristics, sexual harassment, and victimisation are unlawful. Managers must take robust action in response to all incidents.

Equality impact

An equality impact assessment will be carried out to make sure this policy does not unintentionally disadvantage any group or individual with protected characteristics.

Respect and diversity

The Council employs staff from diverse backgrounds. All employees must be treated with respect. Discriminatory abuse is unequal treatment based on:

• age
• disability
• gender or gender reassignment
• marriage or civil partnership
• pregnancy or maternity
• race
• religion or belief
• sex
• sexual orientation

Public Sector Equality Duty

As a public sector employer, we must:

• prevent third-party harassment
• eliminate discrimination, harassment and victimisation
• advance equality of opportunity
• foster good relations

Harassment under the Equality Act

The Equality Act makes three types of harassment unlawful:

• harassment related to a protected characteristic
• sexual harassment
• less favourable treatment because an employee submits to or rejects sexual harassment or harassment
• related to sex or gender reassignment

Protected characteristics

Protected characteristics include:

• sex
• age
• disability
• gender reassignment
• race
• religion or belief
• sexual orientation

Pregnancy and maternity are not listed separately, but harassment because of pregnancy or maternity counts as harassment related to sex.

Harassment

Harassment happens when an employee experiences unwanted conduct related to a protected characteristic (or perceived characteristic) that:

• violates their dignity
• creates an intimidating, hostile, degrading, humiliating or offensive environment

Unwanted conduct means behaviour that is unwelcome or uninvited. It can include any type of abuse.

The Protection from Harassment Act 1997 makes it a criminal offence to cause fear or distress on more than one occasion. Managers must take robust action against all harassment.

Sexual harassment

Sexual harassment is unwanted conduct of a sexual nature. Managers must deal with all incidents swiftly and robustly.

Less favourable treatment

Managers must not treat employees less favourably because they report harassment or reject sexual harassment.

Victimisation

Victimisation means treating someone badly because they have done a ‘protected act’ under the Equality Act. A protected act includes:

• making a discrimination claim or complaint
• helping someone else make a claim
• making an allegation of a breach of the Act
• doing anything else in connection with the Act

Treating someone less favourably for these reasons is unlawful.

Hate crimes and hate incidents

The police define a hate crime as any criminal offence perceived by the victim or anyone else to be motivated by hostility or prejudice based on:

• race
• religion, faith or belief
• sexual orientation
• disability
• transgender identity

Hate incidents are similar but may not be crimes. They can also include hostility based on:

• being female (misogyny)
• older age
• belonging to a subculture

Hostility includes ill-will, spite, contempt, prejudice, antagonism, resentment or dislike. Hate crimes and incidents can involve verbal abuse, intimidation, threats, harassment, assault or bullying.

Hate crimes and hate incidents must be reported and treated seriously.