Harassment at Work: When Unwanted Conduct Becomes Unlawful

Harassment in the workplace occurs when someone is subjected to unwanted conduct that violates their dignity or creates a work environment that is intimidating, hostile, degrading, humiliating or offensive. Under the Equality Act 2010, harassment becomes unlawful when it relates to a protected characteristic or is of a sexual nature. This guide explains how harassment is defined, the different legal categories, how it arises in employment, what employers must do to prevent it, and how individuals can address it - including taking claims to employment tribunals. The content is designed to be clear, accurate and accessible to both solicitors and members of the public.

Legal Definition of Harassment

Under the Equality Act 2010, the term “harassment” covers behaviour that is unwanted and either:

• Violates a person's dignity, or
• Creates an intimidating, hostile, degrading, humiliating or offensive environment for them.

To be unlawful under discrimination law, harassment must fall into one of three categories:

1. Harassment related to a protected characteristic - for example, harassment connected to sex, age, disability, race or religion.
2. Sexual harassment - unwanted conduct of a sexual nature.
3. Less favourable treatment because of rejection or submission to unwanted conduct of a sexual nature or related to sex or gender reassignment.

Harassment law focuses on the impact of behaviour rather than the intent of the person engaging in it. Conduct can still be unlawful even if the alleged harasser did not intend to offend, provided that a reasonable person in the claimant's position would consider the conduct to have the prohibited effect.

Protected Characteristics and Scope

Harassment related to a protected characteristic applies to behaviour connected with any of the following:

• Age
• Disability
• Gender reassignment
• Race
• Religion or belief
• Sex
• Sexual orientation

Although pregnancy and maternity and marriage and civil partnership are protected characteristics for discrimination generally, the Equality Act does not list them specifically under harassment. However, conduct that affects someone because of pregnancy or maternity may still count as sex‑related harassment.

Types of Harassment

Harassment Related to a Protected Characteristic

This occurs when unwanted conduct is connected to a protected characteristic and results in a degrading or hostile workplace environment. Unwanted behaviour can involve spoken or written words, imagery, jokes, offensive gestures, pranks or physical acts such as intrusion into personal space.

Example: A worker subjected to repeated racially‑charged jokes or derogatory comments about their religion may be experiencing harassment related to race or belief.

Sexual Harassment

Sexual harassment is unwanted conduct of a sexual nature that violates dignity or creates an offensive atmosphere, regardless of any protected characteristic. It can include unwelcome sexual advances, inappropriate comments about body or appearance, or offensive sexual content shared at work.

Example: Persistent unsolicited comments about a colleague's body or requests for sexual favours could amount to sexual harassment.

Less Favourable Treatment After Harassment

The Equality Act also covers situations where an employee is treated worse because they either rejected or submitted to sexual or sex‑related unwanted conduct. This ensures employees are not penalised for resisting harassment or for the consequences of tolerating it.

Harassment vs Bullying: Key Distinction

While bullying often involves repeated offensive or intimidating behaviour, including unfair treatment or undermining, it is not a specific legal term under discrimination law. Harassment becomes unlawful when the conduct is unwanted and related to a protected characteristic or of a sexual nature.

Bullying that does not connect to a protected characteristic or sexual conduct may still give rise to other legal or contractual claims, such as breach of mutual trust and confidence, but is not harassment per se under the Equality Act.

Who Is Covered and Where the Law Applies

Harassment protection extends to most workers and people in employment contexts, including:

• Employees and workers
• Apprentices
• Contractors and the self‑employed performing personal work
• Job applicants and candidates

It applies in the workplace and in situations connected to work, such as at work‑related events, meetings, social occasions or through electronic communications (email, messaging, social media) that impact the workplace environment.

Employer Responsibilities and Liability

Preventing Harassment

Employers have a duty to prevent harassment and maintain a safe workplace. Practical actions include:

• Clear anti‑harassment policies that define unacceptable conduct
• Training for managers and staff on recognising and avoiding harassment
• Reporting procedures that allow employees to raise concerns confidentially and safely

Vicarious Liability

Under the Equality Act 2010, employers may be held vicariously liable for harassment by employees if it occurs in the course of employment. Employers also risk liability for third‑party harassment (by clients or customers) if they knew of prior incidents and did not take reasonable steps to prevent recurrence.

How Harassment Claims Are Made

Internal Resolution First

Employees who experience harassment are encouraged to raise the issue internally with a line manager, HR, or through the employer's grievance procedure. Informal resolution may be possible depending on the circumstances.

Employment Tribunal Claims

If internal processes do not resolve the issue, a claim can be taken to an employment tribunal. Before a claim is submitted, most workers must notify Acas Early Conciliation to seek agreement or narrow the issues for tribunal litigation.

Time Limits

A harassment claim must generally be presented to the tribunal within three months minus one day from the date of the last act of harassment. If there has been a series of incidents, the time limit usually runs from the last discriminatory act. Late claims may be accepted only in exceptional circumstances.

Remedies and Compensation

If a tribunal finds that unlawful harassment occurred, remedies may include:

• Compensation for injury to feelings, addressing the emotional impact of the harassment
• Compensation for financial losses, such as lost earnings or benefits
• Recommendations to employers to change workplace practices to prevent further harassment

The amount of compensation depends on the severity and impact of the harassment.

Examples of Harassment at Work

Examples of behaviour that may constitute harassment include:

• Making unwelcome jokes about someone's sex, race, age or other protected characteristics
• Displaying offensive images or sending degrading messages by email or social media
• Persistent unwanted comments about a colleague's body or sexuality
• Excluding a colleague from work activities because of their religion or belief
• Threatening job security to coerce compliance with unwelcome advances

Practical Steps for Employees and Employers

For Employees

1. Record incidents precisely with dates, witnesses and context.
2. Communicate effects - explain why the conduct is unwanted and its impact.
3. Raise the issue internally using grievance procedures.
4. Engage with Acas Early Conciliation before tribunal claims.
5. Seek external advice from Citizens Advice, trade unions or employment law specialists.

For Employers

1. Adopt anti‑harassment policies and update them regularly.
2. Provide training on equality and inclusion.
3. Respond quickly and fairly to complaints with documented steps.
4. Monitor workplace culture to identify patterns of harassment or exclusion.

Summary

Harassment at work becomes unlawful under the Equality Act 2010 when it involves unwanted conduct that violates dignity or creates an offensive environment and is related to a protected characteristic or is of a sexual nature. Protection covers employees, workers and job applicants, and the law applies in everyday workplace interactions as well as formal work settings. Employers are responsible for preventing harassment and may be liable for conduct by employees or third parties. Individuals who experience harassment can raise concerns internally and may pursue claims before employment tribunals, subject to statutory time limits.