(b) One-off and serial incidents and the victim’s response : It is common for victims not to complain at the time of the harassment. This can be the case also where there is a series of unwelcome conduct. The cases make clear that a one-off incident may amount to harassment and a series of incidents should be assessed as a whole, not in isolation. Holland J in Driskel (below) suggested that a failure to make a contemporaneous indication that the conduct was unwelcome may

doi:10.4324/9781843145585-46

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(b) One-off and serial incidents and the victim’s response

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ABSTRACT

A person’s rejection of, or submission to, such conduct may not be used as a basis for a decision affecting that person.

The anomaly here is that the same rider is not included in the Race or Equal Treatment in Employment Directives and nor, of course, in the ensuing regulations and amendments. Consequently, Holland’s J statement in Driskel may be good law in all grounds save sex, which is not due for the new definition until October 2005.