This guide is maintained as a current resource for July 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 to harassment claims in employment tribunals under the Equality Act 2010, explaining what constitutes unlawful harassment, procedural steps, time limits, remedies and practical guidance for workers and employers in England and Wales.
Harassment claims in the context of the employment tribunal system in England and Wales arise where an individual asserts they have been subjected to unwanted behaviour in the workplace that is connected to one of the protected characteristics set out in the Equality Act 2010. Harassment is unlawful if it creates a hostile, degrading or offensive environment for the individual, and employment tribunals can provide remedies including financial compensation where claims succeed. Understanding how harassment is defined, when a claim can be brought, procedural steps, time limits, common challenges, and potential outcomes is critical for workers, employers, solicitors and students.
This article explains harassment claims step by step, using clear language and practical examples, while ensuring legal accuracy and relevance to the tribunal process.
What Is Harassment under the Equality Act?
Harassment is defined in section 26 of the Equality Act 2010 as unwanted conduct related to a protected characteristic that either:
- violates the claimant's dignity, or
- creates an intimidating, hostile, degrading, humiliating or offensive environment for them.
A protected characteristic means age, disability, gender reassignment, race, religion or belief, sex, sexual orientation, pregnancy and maternity, or marriage and civil partnership. Behaviour that amounts to harassment may be a single serious incident or a series of repeated acts.
Examples of Conduct That May Be Harassment
Unwanted behaviour potentially constituting harassment includes:
- insulting remarks or derogatory comments about a person's protected characteristic;
- repeated offensive jokes, gestures or imagery;
- actions or treatment that leave the individual feeling humiliated, intimidated or degraded;
- conduct that a reasonable person, in the same circumstances, would see as creating a hostile environment.
Whether specific conduct qualifies as harassment depends on context, including how the person experiencing it perceives it and whether a reasonable person would share that view.
Harassment versus Bullying
Harassment and bullying are related but distinct concepts. Bullying describes behaviour that makes someone feel intimidated, offended or degraded generally, but it is not unlawful in itself. Harassment becomes unlawful only where the unwanted behaviour relates to a protected characteristic.
For example, excluding someone from meetings repeatedly for personal reasons may be bullying; it becomes harassment if it is connected to a protected characteristic such as age or race.
When Can a Harassment Claim Be Brought to an Employment Tribunal?
Harassment claims typically arise in the context of employment relationships - where a person is employed, is a worker, or in certain cases, an office holder and is subject to unwanted conduct by their employer, colleagues or others associated with the workplace.
To bring a claim to an employment tribunal, the claimant generally must:
- complete the Acas early conciliation process before lodging a formal claim; and
- submit the tribunal claim within strict statutory time limits.
Acas Early Conciliation
Before an employment tribunal will accept a claim, the prospective claimant must notify Acas (the Advisory, Conciliation and Arbitration Service) of their intention to bring a claim. Early conciliation offers a structured opportunity to resolve the dispute without formal litigation. Successful conciliation ends proceedings early; many cases settle at this stage.
Time Limits
Harassment claims, being a form of unlawful discrimination under the Equality Act, are subject to a time limit of three months minus one day from the date of the act complained of. If a series of incidents is alleged, the time limit may run from the date of the last act in that series.
Employment tribunals retain discretion to allow late claims if it is just and equitable to do so, but it cannot be assumed tribunals will exercise this discretion.
The Tribunal Process
Lodging a Claim
A harassment claim is initiated by submitting an ET1 claim form to the employment tribunal service, accompanied by an Acas early conciliation certificate. The claimant should clearly outline:
- the facts of the case;
- when and where the harassment occurred;
- how the conduct related to the claimant's protected characteristic and created a hostile or offensive environment.
The respondent (usually the employer) then has an opportunity to respond.
Case Management and Hearing
Tribunals may hold a preliminary hearing to clarify issues, manage evidence disclosure, and set a timetable. At the final hearing, both sides present evidence, witness testimony and legal arguments.
A key legal test for harassment is whether the conduct was unwanted and related to a protected characteristic, and whether it had the prohibited effect on the claimant. Evidence must be presented on these elements. The tribunal considers the matter on the balance of probabilities - whether it is more likely than not that unlawful harassment occurred.
Employer Defences and Responsibilities
All Reasonable Steps Defence
An employer can defend a harassment claim if it demonstrates that it took all reasonable steps to prevent the harassment from occurring. This might include robust anti‑harassment policies, effective training, prompt investigation of complaints, and appropriate disciplinary action.
If the employer shows it did all that could reasonably be expected to prevent the conduct, liability may be avoided even if harassment occurred.
Preventive Obligations
Employers should take harassment complaints seriously at all stages, providing an environment where issues can be raised, investigated fully and outcomes communicated fairly. Poor handling of harassment complaints can increase legal risk and impact morale.
Remedies and Compensation
If the tribunal finds harassment has occurred, remedies may include:
- Compensation for financial loss, such as lost earnings;
- Awards for injury to feelings, reflecting the non‑financial impact of harassment;
- In very rare cases, recommendations to the employer about steps to prevent recurrence.
Unlike in civil courts under the Protection from Harassment Act 1997, tribunals do not award injunctions to prohibit future conduct, but they can award financial remedies where unlawful harassment is established.
The amount of compensation depends on the seriousness of the conduct, its impact on the claimant, and any financial loss suffered.
Common Challenges in Harassment Claims
Establishing the Link to a Protected Characteristic
A frequent challenge in harassment claims is proving that the unwanted conduct was related to a protected characteristic. The tribunal must be satisfied that the conduct was connected with the claimant's characteristic and perceived by the claimant as offensive or degrading.
Gathering Evidence and Witness Statements
Effective claims depend on accurate records of incidents, contemporaneous emails or messages, witness statements and, where available, formal complaints or grievance records.
Distinguishing Constructive Criticism
Workplace feedback and performance management do not amount to harassment simply because they are unwelcome. Constructive criticism fair in context will generally not satisfy the statutory definition of harassment. Recent tribunal rulings have emphasised that management feedback does not automatically become harassment absent a link to a protected characteristic and the prohibited effects.
Practical Steps for Individuals and Employers
- Raise concerns promptly: Start with internal grievance procedures where possible.
- Document incidents: Keep a clear record of dates, times, persons involved and effects on you.
- Engage with Acas early: Early conciliation may lead to resolution without tribunal proceedings.
- Seek legal advice: Specialist employment law guidance can improve understanding of rights and procedures.
- Employers should act proactively: Develop clear anti‑harassment policies, deliver training, and conduct fair investigations.
Summary
Harassment claims in the employment tribunal system provide a legal avenue for individuals in England and Wales who have faced unwanted conduct related to protected characteristics that creates a degrading or hostile environment at work. Claims must navigate strict time limits and procedural steps, including early conciliation, and focus on proving that the conduct was connected to a protected characteristic. Employers can defend claims by demonstrating all reasonable steps to prevent harassment. Remedies can include financial compensation for both financial losses and injury to feelings. Clear documentation, early action and a thorough understanding of legal requirements can support effective navigation of the tribunal process.
