Judgment approved by the court for handing down
Mr J Logo v Payone Gmbh and others
(a) who is an employee of A's;
(b) who has applied to A for employment.
9.
Section 26 EQA provides:
26 Harassment
(1) A person (A) harasses another (B) if—
(a) A engages in unwanted conduct related to a relevant protected
characteristic, and
(b) the conduct has the purpose or effect of—
(i) violating B’s dignity, or
(ii) creating an intimidating, hostile, degrading, humiliating or
offensive environment for B. …
(4) In deciding whether conduct has the effect referred to in subsection
(1)(b), each of the following must be taken into account—
(a) the perception of B;
(b) the other circumstances of the case;
(c) whether it is reasonable for the conduct to have that effect.
(5) The relevant protected characteristics are – age; disability; gender
reassignment; race; religion or belief; sex; sexual orientation.[emphasis
added]
10.
It is often helpful to break a complaint of harassment into its constituent parts:
10.1. the Employment Tribunal should identify the “conduct” that A “engages in”
10.2. the “conduct” must be “unwanted”
10.3. the “conduct” must be “related to” a relevant protected characteristic
10.4. the “conduct” must have the “purpose” or “effect” of “violating B’s dignity”, or
creating an “intimidating hostile, degrading, humiliating or offensive environment”
for B. I will refer to “violating dignity” compendiously to include creating an
intimidating, hostile, degrading, humiliating, or offensive environment
10.5. if the “conduct” has the “purpose” of “violating B’s dignity” harassment is
© EAT 2025
Page 4
[2025] EAT 95