62 Sexual harassment

(1)

It shall be unlawful for any person (in the course of that person’s involvement in any of the areas to which this subsection is applied by subsection (3)) to make a request of any other person for sexual intercourse, sexual contact, or other form of sexual activity which contains an implied or overt promise of preferential treatment or an implied or overt threat of detrimental treatment.

(2)

It shall be unlawful for any person (in the course of that person’s involvement in any of the areas to which this subsection is applied by subsection (3)) by the use of language (whether written or spoken) of a sexual nature, or of visual material of a sexual nature, or by physical behaviour of a sexual nature, to subject any other person to behaviour that—

(a)

is unwelcome or offensive to that person (whether or not that is conveyed to the first-mentioned person); and

(b)

is either repeated, or of such a significant nature, that it has a detrimental effect on that person in respect of any of the areas to which this subsection is applied by subsection (3).

(3)

The areas to which subsections (1) and (2) apply are—

(a)

the making of an application for employment:

(b)

employment, which term includes unpaid work:

(c)

participation in, or the making of an application for participation in, a partnership:

(d)

membership, or the making of an application for membership, of an industrial union or professional or trade association:

(e)

access to any approval, authorisation, or qualification:

(f)

vocational training, or the making of an application for vocational training:

(g)

access to places, vehicles, and facilities:

(h)

access to goods and services:

(i)

access to land, housing, or other accommodation:

(j)

education:

(k)

participation in fora for the exchange of ideas and information.

(4)

Where a person complains of sexual harassment, no account shall be taken of any evidence of the person’s sexual experience or reputation.

Section 62(3)(k): inserted, on 3 July 2015, by section 37 of the Harmful Digital Communications Act 2015 (2015 No 63).