Workplace bullying and harassment

If someone’s behaviour is unwanted and causes offence, even if it was not done on purpose, it may be harassment. The unwanted behaviour does not have to be aimed at you for you to be offended by it. 

Harassment occurs when an individual engages in unwanted behaviour that has the purpose or effect of: 

• violating someone’s dignity, or 
• creating an intimidating, hostile, degrading, humiliating or offensive working environment for the individual concerned 

This may: 

• be a serious one-off incident 
• be repeated behaviour 
• happen face-to-face, on social media, in emails or calls 
• happen at work or in other work-related situations  
• be spoken or written 
• include inappropriate photos, imagery, gestures, ‘banter’, mimicry, jokes, pranks or physical behaviour 

It is still unacceptable if the person being harassed does not ask for it to stop. 

If you feel offended, regardless of who it is aimed at, you should take action. You may be the recipient, or you may have witnessed the incident.

Under the Equality Act 2010, ECC has a positive legal duty to take reasonable steps to prevent sexual harassment of our workers.

Certain categories of harassment, such as those related to sexual harassment or a protected characteristic under the Equality Act 2010, are not only unlawful but may also be criminal offenses. If you are found to be a perpetrator of such harassment, you may face both disciplinary action and potential criminal prosecution.

Find out more about how to report and resolve bullying or harassment at work.

Harassment due to a protected characteristic 

Harassment related to a protected characteristic is unlawful under the Equality Act 2010.  In addition to disciplinary action, harassment relating to someone’s protected characteristic may be a criminal offence. 

It is unlawful when harassment is related to someone’s:  

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

Examples of harassment at work due to a protected characteristic could include: 

• sharing or displaying offensive images 
• posting inappropriate images or comments on social media 
• offensive remarks about a group’s or an individual’s race, ethic or national origin 
• outing a colleague as gay, trans or non-binary without their permission 
• intentionally using the wrong pronouns or name for someone who is trans or non-binary, despite having been given the correct information 
• making derogatory comments or jokes about someone's age 
• ridicule or assumptions based on racial stereotypes 
• spreading rumours or gossip about someone’s sexual orientation or gender 
• making jokes or offensive remarks about someone’s disability 
• excluding someone because of their religion or belief 

Perceived protected characteristic

Employees are safeguarded against discrimination, including harassment, based on perceived protected characteristics, even if those perceptions are incorrect.  

Examples of harassment due to a perceived protected characteristic could include: 

• making jokes and insinuating that a colleague is gay, even if they are not  
• insulting someone’s written work and saying that they must have a learning difficulty, even though they don’t  

Association with a protected characteristic

Employees are protected if they are associated with people who have a protected characteristic, even if they do not have that characteristic themselves.  

Examples of harassment due to association with a protected characteristic could include: 

• suggesting that a team member would not be promoted as she cares for a disabled child  
• implying that a colleague is associating with extremists because her brother has recently converted to Islam 

Sexual harassment 

Sexual harassment is defined as unwanted behaviour of a sexual nature that violates someone's dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment for them. 

Examples of sexual harassment at work: 

• sexually suggestive jokes, comments or innuendo, offensive gestures or whistling 
• sharing or displaying sexually graphic images 
• sending unwanted messages of a sexual nature, including emails and texts 
• sexually suggestive looks or gestures, staring or leering 
• posting sexual comments or images on social media 
• questioning someone about their sex life or making explicit comments about their own sex life 
• unwelcome sexual advances, particularly when repeated 
• unnecessary physical contact or touching 
• spreading sexual rumours about a person 
• making promises in return for sexual favours or suggesting that refusing them may damage their career 

An individual can experience unwanted conduct from someone of the same or a different sex.  

We accept that people make relationships at work and sexual interaction that is invited, mutual or consensual is not sexual harassment because it is not unwanted. However, situations can change and it’s important to remain aware of the other person’s boundaries as sexual conduct that has been welcomed in the past can become unwanted. 

Online training course

You can learn more about what constitutes sexual harassment by completing the council's Sexual Harassment at Work training course on My Learning. 

You can also use the My Learning sexual harassment at work playlist of resources to help you to increase your understanding of how to identify sexual harassment and what to do if your experience or witness it. 

Less favourable treatment 

Under the Equality Act 2010 it is unlawful for anyone to be treated less favourably if they submit to, or reject, sexual harassment or harassment related to sex or gender reassignment. 

Examples of less favourable treatment could include: 

• being excluded from important meetings and projects
• receiving unjustifiably negative performance reviews, despite consistent work quality and performance
• being isolated by the team and excluded from team events
• being given an increase in workload with unreasonable deadlines

Anyone who makes a complaint, supports a complaint, or acts as a witness in an investigation related to discrimination or harassment on the basis of any protected characteristic should not be subjected to less favourable treatment, retaliation, or any form of disadvantage as a result of their involvement in the investigation. 

If you experience or witness any form of less favourable treatment, take action by reporting bullying or harassment at work.