This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Comprehensive guide on employer liability for harassment and bullying in England and Wales. Explains employer duties, legal protections under the Equality Act 2010, tribunal claims, preventive measures, time limits, and practical steps for both employers and employees. Clear, authoritative legal information for employers, workers and students.
Harassment and bullying at work can have serious effects on individuals and organisations. In England and Wales, the law distinguishes between bullying (which is not itself a specific legal offence) and harassment (which can be unlawful). Employers have legal duties and potential liability when harassment or bullying occurs in the workplace. This guide explains, in clear terms, how employer liability arises, what legal protections exist, and practical steps that employers and employees should understand.
What is Bullying and What is Harassment?
Bullying generally refers to repeated unreasonable behaviour that undermines, demeans or injures another person's dignity at work. It is not a standalone statutory offence under UK legislation, but it can form part of a claim under other legal protections if it overlaps with unlawful conduct.
Harassment is defined in law under the Equality Act 2010. It occurs when someone engages in unwanted conduct related to a protected characteristic that has the effect of violating a person's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment. Protected characteristics include age, disability, gender reassignment, race, religion or belief, sex, sexual orientation, pregnancy and maternity, and marriage or civil partnership. Harassment is unlawful under the Equality Act.
Employer Liability: What Law Applies?
Vicarious Liability
Under the Equality Act 2010, an employer can be vicariously liable for harassment carried out by its employees during the course of their employment. This means that even if the employer did not know about or approve the conduct, it can still be legally responsible for the actions of staff members.
Common Law Duty of Care
Employers also owe a common law duty of care to take reasonable steps to protect employees from foreseeable harm, including psychological injury from bullying or harassment. Failing in this duty can give rise to additional claims, such as negligence or personal injury.
New Statutory Duties on Sexual Harassment
Recent changes to law, such as the Worker Protection (Amendment of Equality Act 2010) Act 2023, impose a statutory duty on employers to take reasonable steps to prevent sexual harassment before it occurs. This anticipatory duty requires employers to have proactive measures in place.
Future Changes
Ongoing reforms in the Employment Rights Bill are expected to introduce a stricter duty requiring employers to take “all reasonable steps” to prevent sexual harassment and potentially extend liability for harassment by third parties (such as clients or customers).
When is an Employer Liable?
An employer may be liable where harassment or bullying:
- Occurs at work, including during work-related events or business trips.
- Happens at social events organised by the employer.
- Is carried out by one employee against another in the course of employment.
Liability can also extend to harassment by an agent authorised by the employer (for example, a consultant), if the conduct arises in the course of work.
Defending Employer Liability
Employers can raise a statutory defence under the Equality Act by demonstrating they took “all reasonable steps” to prevent the harassment. The burden of proof lies with the employer. Typical measures might include clear anti-harassment policies, training, grievance procedures and prompt investigation of complaints. This defence is often difficult to establish in practice.
What Can Employees Do?
Informal and Formal Complaints
Employees who experience bullying or harassment should consider raising the issue informally with line managers or human resources. If this does not resolve the situation, a formal grievance under the employer's procedures is usually the next step.
Employment Tribunal Claims
If internal procedures do not resolve the issue, an employee may bring a claim to an Employment Tribunal for harassment under the Equality Act. In such claims, tribunals assess whether the conduct amounted to harassment and whether the employer took reasonable steps to prevent it.
Time limits: Claims to the tribunal are generally subject to strict time limits (usually three months from the last act of harassment). Early legal advice is essential to ensure deadlines are met.
Potential Remedies
A successful harassment claim can result in compensation, including for injury to feelings and financial loss. The amount of compensation depends on the severity of the conduct and its impact. In cases of serious employer failure, tribunals may adjust awards to reflect inadequate prevention efforts.
Practical Steps for Employers
To manage liability risks and protect staff, employers should:
- Develop and publish clear anti-bullying and harassment policies.
- Provide regular training on unacceptable conduct and reporting routes.
- Ensure accessible grievance procedures and fair investigations.
- Take prompt and appropriate action when complaints arise.
- Monitor workplace culture to prevent harassment before it starts.
Key Takeaways
In England and Wales, harassment related to protected characteristics is unlawful under the Equality Act 2010, and employers can be liable for harassment carried out by employees during the course of their employment. Employers also have a duty of care to protect staff and, since recent statutory changes, must take reasonable steps to prevent sexual harassment. Employees should report issues through internal procedures and may pursue tribunal claims if matters are unresolved. Employers can manage legal risk by implementing effective policies, training, and swift resolution of complaints.
