How to Claim Compensation for Workplace Harassment

Workplace harassment can have profound effects on an individual's health, wellbeing and career prospects. In England and Wales, the law recognises the right to work free from harassment, discrimination and victimisation. When those rights are breached, affected workers may be able to claim compensation through an Employment Tribunal or other legal mechanisms. This article explains what workplace harassment is under UK law, how to identify whether you are protected, and the practical steps involved in pursuing a claim for compensation. It also covers time limits, possible remedies, typical processes such as ACAS Early Conciliation, and common questions people have when considering legal action.

The information is presented in clear, accessible language suitable for members of the public, students and solicitors. It does not constitute personalised legal advice and you should consult a solicitor for tailored guidance.

What Is Workplace Harassment?

Workplace harassment is unwelcome conduct related to a “protected characteristic” under the Equality Act 2010, which includes age, disability, gender reassignment, race, religion or belief, sex, sexual orientation and other categories. Conduct amounts to harassment if it:

• Violates dignity, or
• Creates an intimidating, hostile, degrading, humiliating or offensive environment.

This may include verbal abuse, unwanted jokes, offensive gestures, derogatory comments, or repeated actions that make work intolerable. Employers have a legal duty to prevent harassment and take complaints seriously when they arise.

Who Is Protected?

You are likely to be protected under harassment law if you are:

• An employee.
• A worker under contract to personally do work (including some agency staff).
• A former employee (in some circumstances).

Coverage extends beyond those with written contracts. Casual workers, zero‑hours staff and freelancers can, in some cases, be protected if the work relationship meets legal criteria.

Before You Claim: Internal Steps

1. Discussion With Your Employer

Start by raising your concerns with your employer. You can:

• Speak informally to a manager or HR representative.
• Use the formal grievance procedure set out by your employer.

A grievance gives your employer the opportunity to investigate and remedy the situation. It is often a required step before a Tribunal will hear a case. Keeping written records of incidents, dates and people involved is essential.

2. Grievance Process

A formal grievance normally involves:

• Submitting a written statement of the harassment.
• A meeting to discuss the issue.
• An investigation by the employer.
• A written outcome.

Failing to follow your employer's grievance process can adversely affect the strength of a later claim. Employers should follow a fair and consistent procedure.

Step‑by‑Step: Claiming Compensation

Step 1: ACAS Early Conciliation

Before issuing a claim to an Employment Tribunal, you must notify ACAS (Advisory, Conciliation and Arbitration Service) of your intention to make a claim. This starts the Early Conciliation process.

• It is mandatory and free.
• ACAS will offer to help you and your employer reach a settlement without Tribunal proceedings.
• It usually lasts up to six weeks.

When ACAS finishes conciliation, it will issue a certificate which you need to include with your Tribunal claim.

Step 2: Time Limits

You must start Early Conciliation within three months minus one day of the last act of harassment complained of. This time limit is strict, although in certain cases a series of linked incidents can be treated as a “continuing act”, meaning the time limit may run from the most recent incident.

Once you have an ACAS certificate, you usually have a limited period to submit the Tribunal claim. The exact deadline depends on when you started conciliation and when the certificate is issued.

Step 3: Submitting a Tribunal Claim

With the certificate, you complete an ET1 form and submit it to the Employment Tribunal. The claim form should set out:

• What happened.
• Dates and places of the harassment.
• How it breached law (e.g. Equality Act 2010).
• What compensation or remedy you seek.

Your employer then has time to respond. The Tribunal may list a preliminary hearing and, later, a full hearing.

Step 4: Tribunal Hearing

At the hearing:

• You present evidence (documents, witness statements, emails).
• Your employer can present a defence.
• An independent panel decides whether harassment occurred and what compensation should be awarded.

Tribunal hearings occur months after the claim is filed. Cases can take six months or more to conclude, depending on complexity and Tribunal backlog.

What Compensation Can You Claim?

Compensation in harassment cases usually includes:

Injury to Feelings

This reflects the emotional impact of harassment. Tribunals often award figures in accordance with guidelines for “injury to feelings”.

Financial Losses

You can claim for:

• Loss of earnings.
• Loss of future earnings.
• Loss of pension.
• Other costs directly caused by the harassment.

Interest may be added to awards (for example, interest on injury to feelings) under the Equality Act 2010 from the date of discrimination to the award date.

Remedies and Outcomes

Successful claims may result in:

• Compensation awards for financial loss and injury to feelings.
• Recommendations that the employer change practices (in some cases).
• Injunctions or orders that prevent further harmful conduct (less common in Tribunal claims).

A Tribunal's decision is legally binding.

Risks and Practical Considerations

Costs

Tribunal claims are free to issue, but legal costs such as solicitor fees may arise. Some law firms offer No Win, No Fee arrangements, where costs are only payable if you win.

Evidence and Burden of Proof

The burden of proof initially lies with you to show harassment occurred. In discrimination cases, once you establish facts from which the Tribunal could conclude discrimination, the employer must explain its conduct or defence.

NDAs and Confidentiality

Proposed legal reforms seek to limit the use of non‑disclosure agreements (NDAs) to silence victims of harassment in settlement agreements. These changes aim to empower victims to speak openly about workplace misconduct.

Common Questions from our Readers

Do I have to go to Tribunal to get compensation?
Not always. Many cases settle during Early Conciliation before formal Tribunal proceedings begin.

Can I claim if I have left my job?
Yes. Former employees can still bring claims if harassment occurred while they were employed.

Is there a difference between bullying and harassment?
“Bullying” may be conduct that does not involve a protected characteristic; only if it relates to protected characteristics under the Equality Act will it usually support a harassment claim.

Key Takeaways

To claim compensation for workplace harassment in England and Wales, you must understand your rights under the Equality Act 2010 and follow a structured process. Starting with internal grievance procedures, you then proceed to ACAS Early Conciliation before lodging an Employment Tribunal claim within strict time limits. Compensation can cover emotional injury and financial loss, and may include interest. Preparation, documentation and professional advice can improve your chances of success. Recent legal reforms aim to reduce barriers to justice by limiting gagging clauses and enhancing protections.