Although there is no legal definition of racial and sexual harassment, it is accepted that behaviour that falls within the scope is quite varied, including physical, verbal and non­verbal conduct. The conduct must be unwanted by the recipient and used, to the recipients detriment, as a basis for employment decisions.

More detailed guidance can be found n the European Commissions recommendation and code of practice Protection of the Dignity or Men and Women cit Work in relation to sexual harassment and the CREs Racial Harassment At Work in relation to racial harassment.

Employer Responsibility for Harassment.

Racial and sexual harassment fall under discrimination legislation and therefore the employer is liable for the acts of its employees in the course of their employment. It is not always clear whether an act of harassment should be regarded as in the course of employment. If the harasser is acting in a supervisory role, his or her act of harassment is more likely to be deemed to be in the course of employment than if the harasser is in a subordinate position.

Employers, however, can avoid liability for the action of an employee in the course of employment if they can prove that they took such steps as were reasonably practicable to prevent the employee from committing a certain act, or from committing acts of that description in the course of his or her employment.