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.
Learn about employers' legal duties to prevent harassment at work under the Equality Act 2010 and recent reforms. This guide covers definitions of harassment, employer responsibilities, proactive measures, tribunal processes, remedies and practical steps to create a safer workplace.
Harassment in the workplace is not only harmful to individual employees' wellbeing and morale but can also lead to legal liability for employers. Under UK law - especially the Equality Act 2010 and recent legal developments - employers have clear duties to prevent harassment, protect staff from harmful conduct and take decisive action where issues arise. This article explains the legal framework, specific employer responsibilities, practical steps to prevent harassment, the tribunal process, remedies and common questions.
What Is Harassment in the Workplace?
Harassment Defined
Harassment means unwanted behaviour that either:
- Violates a person's dignity, or
- Creates an intimidating, hostile, degrading, humiliating or offensive environment.
Harassment can be related to a protected characteristic under the Equality Act 2010, such as age, sex, race, disability, religion or belief, sexual orientation and gender reassignment. Unwanted conduct linked to these characteristics may be unlawful regardless of intent.
There is also a separate civil cause of action under the Protection from Harassment Act 1997 for behaviour that causes alarm or distress, even when not connected to a protected characteristic.
Types of Harassment
- Harassment related to a protected characteristic: unlawful under the Equality Act 2010.
- Sexual harassment: a specific form of unwanted conduct of a sexual nature, now subject to a proactive duty on employers to prevent it.
- Less favourable treatment because a person rejected or accepted prior harassment.
Harassment can occur between colleagues, from managers to staff, or even at work‑related events such as training or social functions. Employers can be held responsible either through their own actions or through the actions of employees in the course of employment.
Legal Duties on Employers
General Duty to Prevent Harassment and Discrimination
Under the Equality Act 2010, employers must:
- Ensure they do not discriminate against staff in any aspect of employment;
- Take steps to prevent discrimination and harassment;
- Protect workers from discrimination by others; and
- Fulfil their general duty of care to look after employee wellbeing.
Employers may be vicariously liable for harassment committed by employees if it occurs in the course of their employment, meaning the organisation can be held responsible even if it did not directly participate in the conduct.
New Preventative Duty on Sexual Harassment
With effect from 26 October 2024, employers in England and Wales now have a legal duty to take reasonable steps to prevent sexual harassment of workers in the course of their employment. This change reflects reforms introduced by the Worker Protection (Amendment of Equality Act 2010) Act 2023 and corresponding updated guidance.
This duty is proactive and requires employers to act before harassment occurs, not just respond after complaints are made. It applies to harassment by colleagues and can extend to third‑party conduct (such as customers or clients) where it occurs in the course of employment.
Practical Steps to Prevent Harassment
Employers should take a multi‑layered approach to preventing harassment. Key measures include:
Develop Clear Policies
Organisations should have robust, up‑to‑date policies that:
- Define harassment (including sexual harassment) and clarify unacceptable conduct;
- Set out reporting and investigation procedures;
- Include examples of prohibited behaviour;
- Outline disciplinary consequences for harassment.
These policies should be easily accessible and communicated to all staff.
Provide Training and Awareness
Comprehensive training helps staff and managers recognise harassment, understand the organisation's expectations, and know how to respond to complaints. Training should be regular and tailored to the workplace environment.
Establish Reporting Mechanisms
Effective systems for reporting concerns - including confidential and informal options - encourage employees to speak up. Employers must ensure that victims and witnesses are protected from retaliation or victimisation.
Conduct Risk Assessments
Under the new sexual harassment duty, employers should carry out risk assessments to identify where harassment is likely and how it can be prevented, factoring in the nature of the workforce, workplace culture, and work settings.
Monitor and Review
Regularly reviewing policies, training outcomes, and incident data helps employers understand how effective their prevention measures are and where improvements are needed.
Handling Complaints and Investigations
When a complaint arises, employers should:
- Take it seriously and act promptly;
- Follow fair and thorough procedures;
- Maintain confidentiality where possible;
- Provide support to those affected;
- Carry out unbiased investigations; and
- Take appropriate disciplinary action if allegations are upheld.
Failing to deal with harassment effectively can lead to legal claims and reputational damage.
Employment Tribunals and Remedies
Bringing a Claim
An individual who believes they have been harassed can pursue a claim to an Employment Tribunal if internal procedures do not resolve the issue. Most claims must be filed within three months less one day of the discriminatory act or last relevant incident. Before lodging a claim, the claimant usually must engage in Acas Early Conciliation.
Tribunals consider whether harassment occurred on the balance of probabilities and whether the employer took reasonable steps to prevent it.
Remedies
If a tribunal finds in favour of the claimant, remedies may include:
- Compensation for financial loss (e.g. lost earnings);
- Damages for injury to feelings; and
- Recommendations to change workplace practices.
Under the 2024 reforms, tribunals can also uplift compensation by up to 25% where employers have failed to comply with the duty to prevent sexual harassment.
Common Questions About Harassment Prevention
Does the harassment duty only cover sexual harassment?
The proactive duty specifically targets sexual harassment, but employers must also prevent other forms of harassment related to protected characteristics under the Equality Act 2010.
Can harassment occur outside the office?
Yes. Harassment may arise at work‑related events, training sessions, business trips and in remote or online interactions if connected to the employment relationship.
Is bullying always unlawful?
Workplace bullying in itself is not automatically unlawful. However, it can amount to harassment if it relates to a protected characteristic or creates a hostile working environment.
Key Takeaways
Employers in England and Wales have significant legal duties to prevent harassment at work. These duties arise under the Equality Act 2010 and, since 26 October 2024, include a specific legal obligation to take reasonable steps to prevent sexual harassment. Effective prevention involves clear policies, staff training, robust reporting and investigation procedures, risk assessments and ongoing monitoring. Employers who fail to meet these duties may face employment tribunal claims, vicarious liability and enhanced compensation awards. Proactive action supports a respectful, inclusive workplace and reduces legal and reputational risk.
