Yes. The Race Relations Act 1976 now provides for harassment as a type of discrimination in its own right. Under the Act, one person subjects another to harassment where on the grounds of race or ethnic or national origins, he (or she) engages in unwanted conduct which has the purpose or effect of:
- violating that person's dignity; or
- creating an intimidating, hostile, degrading, humiliating or offensive environment for him (or her).
This test can potentially be satisfied if the employee finds the remarks to be offensive, etc. The Tribunal would also look to see whether the conduct could reasonably be perceived as having that effect, taking all of the circumstances into account. The test is therefore ultimately objective, with a subjective element.
You, as the employer, will be liable unless you take reasonable steps to prevent any discriminatory behaviour. In a case in which an offensive remark made by a supervisor while talking to another employee was overheard, the court found the remark discriminatory, and both the supervisor and the employer were found guilty of racial discrimination and ordered to pay compensation. The employer's fault was a failure to ensure that there was a clear policy on racial discrimination, and that everyone knew of it and followed it.
Reasonable steps to prevent discriminatory behaviour could include taking disciplinary action against offending employees, and ensuring that everyone is aware of your anti-harassment policy (see question 20).
New regulations have been introduced banning sexual or sex-based harassment, which again is defined as conduct which violates the victim's dignity, or creates an intimidating, hostile, degrading, humiliating or offensive environment for him (or her).
