The Equality Act 2010 definition of sexual harassment

Sexual harassment can take several different forms. Most people think it refers to unwanted conduct of a sexual nature, but under Equality Act 2010, it has a wider meaning. It incorporates unwanted conduct which occurs because a person has either rejected or accepted the sexual advances of another.

Employers need to be aware that unlawful sexual harassment can occur in these wider circumstances as well and remember that a new legal duty on employers to take reasonable steps to prevent sexual harassment of employees will come into force in October 2024.

Merriman v Bugibba Independent

The recent Employment tribunal case of Merriman v Bugibba Independent is an example of this wider application of the term.

A woman working as a doughnut decorator alleged that a male colleague had given her a bear hug and touched her bottom at work. After she complained about this incident, the colleague in question made horrible remarks about her, calling her a pot washer and swearing at her. Her employer sided with the male colleague and the woman was eventually dismissed.

What did the tribunal say?

The tribunal said that she had been sexually harassed. The ‘bear hug’ incident was clearly unwanted conduct of a sexual nature because its purpose / effect was to violate the woman’s dignity and create an intimidating, hostile, degrading, humiliating or offensive environment for her. The actions of her male colleague after she had rebuffed his advances were also sexual harassment, as they were motivated by her rejection of him.

The Claimant was awarded over £30,000 in compensation.

Useful links

• Equality Act 2010 (legislation.gov.uk)
• What sexual harassment is – Sexual harassment – Acas
• Sexual harassment in the workplace – will 2024 be the year things change? | Acas
• Worker Protection (Amendment of Equality Act 2010) Act 2023