Harassment Definition in Employment Tribunal Law

Harassment in UK employment law is a form of unlawful discrimination governed primarily by the Equality Act 2010. It occurs where unwanted conduct related to a protected characteristic has the purpose or effect of violating a person's dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment.

Employment Tribunals hear harassment claims in a wide range of workplace contexts, including behaviour by colleagues, managers, customers, or third parties. The focus of the legal test is the impact of the conduct rather than the intention behind it.

Legal Definition of Harassment

Harassment is defined in section 26 of the Equality Act 2010. It occurs where:

• A person engages in unwanted conduct
• The conduct is related to a protected characteristic, or is of a sexual nature, or relates to gender reassignment or sex
• The conduct has the purpose or effect of violating dignity or creating an adverse environment

Tribunals assess both the subjective experience of the claimant and whether it is reasonable for the conduct to have that effect.

Protected Characteristics Relevant to Harassment Claims

Harassment claims are linked to protected characteristics under the Equality Act 2010, including:

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

Harassment based on pregnancy and maternity is treated through sex discrimination provisions rather than a standalone harassment category.

Types of Harassment in Employment Law

Employment Tribunals recognise several forms of harassment:

1. Harassment related to a protected characteristic

This includes behaviour directed at a person because of their age, race, religion, or other protected characteristic.

2. Sexual harassment

Unwanted conduct of a sexual nature, including:

• Sexual comments or jokes
• Unwanted physical contact
• Display of sexual material
• Inappropriate messages or behaviour

3. Harassment related to gender reassignment or sex

This includes conduct targeting individuals based on gender identity or sex.

What Counts as “Unwanted Conduct”

Unwanted conduct is broadly interpreted and can include:

• Verbal comments or jokes
• Written messages, emails, or social media communications
• Physical behaviour
• Exclusion or isolation
• Repeated criticism or bullying behaviour linked to a protected characteristic

A single serious incident can be enough to amount to harassment if it has a sufficiently serious impact.

Purpose or Effect Test

Tribunals consider whether conduct:

• Was intended to cause offence or harm (purpose), or
• Had the effect of causing offence or harm (effect)

Even if there was no intention to harass, liability can still arise if the conduct reasonably had that effect.

Tribunals consider:

• The claimant's perception
• The circumstances of the case
• Whether it is reasonable for the conduct to have that effect

Common Workplace Examples of Harassment

Harassment claims frequently arise in situations such as:

• Repeated offensive jokes about race, religion, or gender
• Persistent unwanted sexual comments or advances
• Mocking an employee's disability or health condition
• Exclusion from meetings or workplace activities due to a protected characteristic
• Use of derogatory language in the workplace

Harassment can be carried out by colleagues, managers, clients, or contractors.

Employer Liability for Harassment

Employers can be held legally responsible for harassment carried out by employees in the course of employment.

An employer may have a defence if it can show it took all reasonable steps to prevent the harassment, such as:

• Implementing clear anti-harassment policies
• Providing staff training
• Taking disciplinary action where appropriate
• Investigating complaints properly

If these steps are not taken, liability is more likely.

Harassment Claims in Employment Tribunals

1. ACAS Early Conciliation

Before submitting a claim, the individual must notify ACAS and attempt conciliation.

2. ET1 claim form

The claimant must set out:

• The nature of the harassment
• The protected characteristic involved
• The incidents relied upon
• The impact on dignity or working environment

3. Employer defence (ET3)

The employer may argue:

• The conduct did not occur
• It was not related to a protected characteristic
• It did not meet the legal threshold
• Reasonable steps were taken to prevent it

4. Evidence

Evidence commonly includes:

• Emails and messages
• Witness statements
• Workplace records
• HR complaint documentation

5. Tribunal hearing

The tribunal decides:

• Whether harassment occurred
• Whether it meets the legal definition
• What compensation or remedies are appropriate

Burden of Proof

In harassment cases, the claimant must first present facts suggesting harassment occurred. If successful, the burden shifts to the employer to provide a non-discriminatory explanation or justification.

Tribunals focus on the totality of circumstances rather than isolated incidents alone.

Time Limits for Harassment Claims

Strict time limits apply:

• Claims must usually be brought within 3 months less one day of the last act of harassment
• Ongoing harassment may be treated as a continuing act
• ACAS Early Conciliation pauses the limitation period

Tribunals may extend time limits only where it is just and equitable.

Compensation in Harassment Claims

There is no upper limit on compensation in harassment cases under the Equality Act 2010.

Awards may include:

Financial loss

• Lost earnings
• Future loss of income
• Pension losses

Injury to feelings

Tribunals apply the Vento guidelines, which divide awards into bands depending on severity:

• Lower band: isolated or less serious incidents
• Middle band: more serious or sustained conduct
• Upper band: severe or prolonged harassment

Psychiatric injury

Where medically proven, additional damages may be awarded.

Key Legal Issues in Harassment Cases

1. Threshold of seriousness

Not all unpleasant behaviour meets the legal threshold; tribunals assess severity and context.

2. Link to protected characteristic

The conduct must relate to a protected characteristic or fall within sexual harassment provisions.

3. Reasonableness test

The tribunal evaluates whether it is reasonable for the claimant to perceive the conduct as violating dignity.

4. Workplace culture

Wider workplace behaviour patterns are often relevant.

Practical Importance of Harassment Law

Harassment claims are significant in Employment Tribunals because:

• They do not require a minimum length of service
• Compensation is uncapped
• They cover a broad range of workplace behaviour
• They often involve serious reputational implications for employers

They frequently overlap with discrimination, victimisation, and constructive dismissal claims.

Key Takeaways

Harassment in UK employment law occurs when unwanted conduct related to a protected characteristic has the purpose or effect of violating dignity or creating an offensive workplace environment. It is governed by the Equality Act 2010 and assessed by Employment Tribunals based on both subjective and objective factors. Claims must be brought within strict time limits and can result in uncapped compensation, including injury to feelings and financial loss. Employers may be liable unless they can show they took all reasonable steps to prevent harassment.