The Subtle Dynamics of Harassment Claims Under Equality Act 2010: Carozzi v University of Hertfordshire

In workplace harassment cases, intent is not a prerequisite for misconduct to constitute harassment. Under the Equality Act 2010 (EqA), harassment can occur when conduct, whether intentional or not, violates an individual’s dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment. This means the impact of the conduct is just as important as its intent - just because someone acted without thinking, does not diminish the impact of the actions. Everyone should be mindful of perception and reasonableness in workplace interactions.

A recent Employment Appeal Tribunal (EAT) case shed light on this principle. In Carozzi v University of Hertfordshire, an employee alleged harassment due to comments made by their manager about their Brazilian accent, claiming these remarks related to their ethnic and national identity. While the Employment Tribunal (ET) initially dismissed the claim, the EAT later clarified that harassment does not require the perpetrator to be motivated by a protected characteristic. Conduct can still be “related to” such characteristics even if the person engaging in the behavior is unaware of its discriminatory implications. For instance, a word or comment with unintended offensive connotations could still amount to harassment if it has the effect of violating someone’s dignity.

The EAT also highlighted the importance of considering both the perception of the individual affected and the reasonableness of that perception. Although it is vital to foster a workplace culture of respect and inclusivity, the EAT cautioned against creating an environment where employees feel they must tread on eggshells. At the same time, it recognised that comments about aspects of identity, such as a person’s accent, can deeply impact their dignity and sense of belonging. In this case, the EAT concluded that comments about the claimant’s accent were indeed linked to their ethnic identity, reinforcing the principle that harassment is judged by its effect, not solely by intent.

So, what does this mean for the workplace? Its important for both employers and employee to remember that the workplace is just that - a workplace. A place where people should be treated with dignity and respect, and feel safe. This shouldn't mean an uncomfortable working environment, just a more mindful one.

If you have any questions about the content of this article, please get in touch with me at [email protected].

Best wishes,

Kim

KMA HR Director