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Employment5 min read

Harassment at Work UK: What It Is, Your Rights, and How to Stop It

Harassment at work related to a protected characteristic is unlawful under the Equality Act 2010. This guide explains what counts as harassment, what you can do, and how to make a claim.

fairead Team13 February 2026

Harassment at work is not just unpleasant — in many cases it is a serious legal wrong. If you are being harassed because of who you are, UK law gives you powerful protections and the right to compensation.

This guide explains what legal harassment is, how it differs from bullying, and what you can do about it.


The Legal Definition: Equality Act 2010

Section 26 of the Equality Act 2010 defines harassment as:

Unwanted conduct related to a protected characteristic that has the purpose or effect of:

  • violating the complainant's dignity, or
  • creating an intimidating, hostile, degrading, humiliating, or offensive environment

The Protected Characteristics

Harassment claims under the Equality Act can be brought on the basis of:

  • Age
  • Disability
  • Gender reassignment
  • Race (including colour, nationality, national or ethnic origins)
  • Religion or belief (including no religion)
  • Sex
  • Sexual orientation

Note: Pregnancy and maternity, and marriage/civil partnership, have separate protections but the harassment provisions do not apply in exactly the same way.


What Counts as Harassment?

Harassment does not need to be deliberate. The test is whether the conduct has the purpose or effect of violating dignity or creating a hostile environment. This is assessed from the perspective of the victim, taking into account all the circumstances.

Examples of conduct that may constitute harassment:

  • Racist or sexist jokes or comments — even if "meant as a joke"
  • Unwanted touching or physical contact
  • Displaying offensive material (images, posters, screen backgrounds)
  • Sending offensive messages, emails, or social media posts
  • Asking intrusive questions about someone's religion, disability, or sexual orientation
  • Using offensive nicknames
  • Excluding someone from activities or conversations because of a protected characteristic
  • Deliberately misgendering someone
  • Comments about a person's body, weight, or appearance linked to sex

A single incident can be sufficient — there is no minimum number of incidents required.


Third-Party Harassment

Until 2013, employers had specific liability for harassment by customers, clients, or suppliers. This was removed from statute, but employers may still be vicariously liable if they fail to take reasonable steps to protect employees from third-party harassment that they are aware of.


Bullying vs Harassment: What's the Difference?

UK law does not specifically define "bullying" at work. There is no standalone legal right not to be bullied unless the bullying amounts to:

  • Harassment under the Equality Act (if it relates to a protected characteristic)
  • Constructive dismissal (if the bullying is so serious it destroys trust and confidence)
  • Personal injury (if it causes psychiatric harm — a civil claim is possible)
  • Harassment under the Protection from Harassment Act 1997 (which can apply to workplace situations)

If you are being bullied but it does not relate to a protected characteristic, you still have options — but the legal route is more complex.


Sexual Harassment

Sexual harassment has additional protections under the Equality Act and the Worker Protection (Amendment of Equality Act 2010) Act 2023, which came into force in October 2024:

  • Employers now have a positive duty to take reasonable steps to prevent sexual harassment (not just respond to it after the fact)
  • The Equality and Human Rights Commission (EHRC) can take enforcement action against employers who fail to meet this duty
  • Tribunals can uplift compensation by up to 25% where the employer has breached the preventive duty

What Should You Do?

Step 1: Keep a Record

Document every incident:

  • Date, time, and location
  • What was said or done
  • Any witnesses
  • How it made you feel and any impact (e.g. time off work, medical treatment)

Step 2: Make Clear the Conduct is Unwanted

If safe to do so, tell the harasser that their behaviour is unwanted and must stop. This is not legally required, but it can be useful evidence and may resolve matters quickly in some cases.

Step 3: Report Internally

Use your employer's harassment or dignity at work policy to make a formal complaint. If your employer has no policy, report to HR or a senior manager.

Your employer has a legal duty to investigate your complaint. If they fail to take it seriously, that failure may itself form part of a later claim.

Step 4: Consider a Grievance

If the informal complaint does not resolve matters, raise a formal written grievance. The ACAS Code requires your employer to investigate and respond within a reasonable timeframe.

Step 5: Employment Tribunal Claim

If internal processes fail, you can bring a claim under the Equality Act in the Employment Tribunal:

  • No minimum service required — day one right
  • Time limit: 3 months minus 1 day from the act complained of (with ACAS Early Conciliation stopping the clock)
  • Compensation: uncapped — includes financial loss, injury to feelings (Vento bands: £1,100–£56,200+), and potentially aggravated damages

Employer Liability

An employer is vicariously liable for harassment by employees acting in the course of their employment — unless the employer can show it took all reasonable steps to prevent it. This means having and enforcing appropriate policies, training, and complaint mechanisms.

If the employer took no steps, or inadequate steps, they will almost certainly be liable alongside (or instead of) the individual harasser.


Key Takeaways

  • Harassment under the Equality Act is unwanted conduct related to a protected characteristic
  • A single incident can be sufficient — there is no minimum threshold
  • Employers are vicariously liable unless they took all reasonable steps to prevent it
  • Since October 2024, employers have a positive duty to prevent sexual harassment
  • Employment tribunal claims have no service requirement and compensation is uncapped
  • Keep detailed records — they are essential evidence

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