Find a Solicitor to help with Workplace Harassment

Harassment is a form of discrimination at work that is protected under the Equality Act 2010. It can include unwanted physical contact, verbal abuse, or intimidation based on protected characteristics like gender, race, or sexual orientation. If you’re being harassed or bullied at work, we understand how hard this can be to overcome. Rest assured that you’re protected under employment law and expert solicitors can help you assert your rights.

This is a comprehensive guide for individuals who have experienced workplace harassment. It is also intended for employers who want to understand their responsibilities, foster an inclusive workplace and protect their employees. The content will cover what constitutes harassment in the workplace, the legal protections available, and the steps employees can take to address and report harassment. 

We’ve written this for:

• Employees experiencing harassment at work
• HR professionals seeking to prevent and address workplace harassment
• Employers wanting to ensure compliance with anti-harassment laws
• Legal professionals advising clients on workplace harassment cases

After reading, you should understand your rights as an employee under the Equality Act 2010 and be clear on the benefits of legal assistance to effectively handle harassment claims.

What constitutes workplace harassment?

To understand if you are experiencing workplace harassment as established under the Equality Act 2010 it is helpful to have a definition. Harassment under the Equality Act 2010 is defined as unwanted behaviour related to a protected characteristic. 

Citizen’s Advice has a useful definition that may help you recognise when you’re being harassed at work: “Harassment is where someone creates an atmosphere that makes you feel uncomfortable - this could be because you feel offended, intimidated or humiliated.”

However, their actions don’t have to make you feel ‘offended, intimidated or humiliated’, harassment can be proved as long as an offender's actions were intended to cause the above. Bullying may also be classed as harassment under the act when it relates to someone’s protected characteristic.

There are two forms of harassment:

• Direct harassment – occurs when individual employees with a protected characteristic are treated differently 
• Indirect harassment – takes place when a workplace’s policy or rule treats everyone the same, but it negatively impacts certain groups because of their protected  characteristic

Harassment can include verbal comments, jokes, making faces, posting comments online or on social media about you and sexual harassment.

Sexual harassment can include commenting on someone’s clothing or appearance, sending sexual messages and making sexual comments – they don’t have to be directly about you. If someone treats you worse because of your reaction to sexual harassment, this is also classed as sexual harassment.

As we’ve mentioned protected characteristics, it’s worth summarising what they are and including an example of harassment.

Protected Characteristics Under the Equality Act 2010 include:

• Age – younger workers may be harassed by older colleagues
• Disability – an example of harassment against someone with a disability includes calling a lift to prevent someone with access issues from using it
• Gender reassignment – calling someone by the wrong pronoun would be considered harassment
• Race – hurtful comments disguised as banter are harassment under the Equality Act 2010
• Religion – interrupting Muslim colleagues during prayers
• Sex – making sexist comments, making unwanted advanced or, unwanted touching
• Sexual orientation – forcing a gay man to rate the looks of women in the office
• Pregnancy, maternity and paternity – pregnant women experiencing negative comments, being discouraged from taking time off for antenatal classes
• Marriage or civil partnership status – harassing someone about their relationship status

Legal protections against workplace harassment

The Equality Act 2010 gives employees various legal protections against workplace harassment. When harassment is classed as discrimination under the act you have legal protections. Harassment is discrimination when:

• You didn’t want it to happen
• You were scared, humiliated, or offended - or the person was trying to make you feel that way

If someone at your workplace harasses you, both the organisation and your colleague who harassed you, are legally responsible. Employees have the right to work in an environment free from harassment and the ability to file complaints without fear of retaliation. If you need support, you can discuss your case with a qualified employment solicitor.

Employer responsibilities

Employers have a legal obligation to prevent harassment. Businesses should have an anti-harassment policy. This should set out:

• Who should handle this type of complaint
• What procedure to follow

Some organisations have different policies for different complaints, such as one for bullying and one for sexual harassment. When employers don’t have a policy, HR should advise on the procedure that should be followed. 

To build a culture of reporting and trust, employers should train their staff on how to spot harassment, the expected standards of behaviour and how to raise complaints. 

The Worker Protection (Amendment of Equality Act 2010) Act 2023 places additional duties on employers to take reasonable steps to prevent sexual harassment of employees in the workplace. This is known as the preventative duty.

Note that this new duty only applies to sexual harassment, not forms of harassment related to other protected characteristics.

Legal process for addressing workplace harassment

Every employer should have an internal reporting and grievance procedure that outlines the steps for reporting harassment within an organisation. When employees make a complaint of harassment, employers have the choice to deal with it formally, using a formal grievance procedure, or informally.

Acas recommends employers attempt to resolve a complaint of harassment informally if possible. This is because the process is usually quicker and less stressful for everyone. However, informal processes are not suitable for all situations. 

Employers should suggest the best approach to an employee. If they believe an incident is too serious to handle informally, they should suggest to the employee to handle it formally. If in doubt, employers should handle complaints formally.  

Complaints should be handled formally in the following situations:

• An employee is not willing to try to resolve it informally
• An organisation's policy says the type of situation they're complaining about must be dealt with formally
• The complaint is very serious
• The situation could lead to disciplinary action against another employee

How an employer resolves a complaint depends on:

• What the person making the complaint decides
• How serious the issue is 
• What your policy says

Employers should talk with the person who raised the issue. For informal meetings it is beneficial to allow the employee to be accompanied by someone they work with, or a trade union representative, as this makes it easier to talk about what has happened and how it has affected them.

It is crucial that employers keep an open mind when employees raise issues. Acas recommends to:

• Listen to what they say
• Leave any personal feelings you have to one side
• Look at how it's made them feel or how it's affected them
• Do not make any assumptions

To resolve an informal complaint, employers can:

• Speak with the person being complained about
• Arrange a meeting with all parties
• Offer mediation

If the issue is resolved informally employers should:

• Keep a record of the actions taken and the outcomes
• Keep in touch with the person who made the complaint to check things are still okay

When no further action is required, employers should:

• Keep a written record of the decision and the reasons for it
• Update the person who made the complaint why decided no action is required

To resolve a formal complaint, employers can:

• Consider disciplinary action by following a formal disciplinary procedure

To resolve a complaint formally, employers should follow a formal grievance procedure, unless your organisation has a specific procedure for the type of complaint being handled. Many organisations have formal procedures for handling sexual harassment claims. If possible, a neutral person not involved in the complaint should investigate as part of a formal procedure. 

In small businesses this may not be possible, so businesses should keep an open mind when investigating or hire an external workplace investigations and conflict resolution experts.

Mediation and resolution

Mediation can play a role in resolving harassment disputes before escalating to legal action. It is a form of alternative dispute resolution (ADR), a voluntary process used to resolve disputes in various areas. A mediator, an unbiased professional oversees the process and attempts to get both parties to reach an agreement.

Mediation can be used when there has been:

• A misunderstanding
• A lack of awareness of how someone’s actions are affecting someone else

Filing a claim at an employment tribunal

If you don’t feel your complaint has been resolved fairly by your employer, you may be able to make a complaint at an employment tribunal. Before making a claim, make sure you have explored all the options with your employer about how to resolve your issue. 

If you want to make a claim you must inform Acas. They will offer you early conciliation. This is a process between you and your employer that can help resolve the issue before making a claim. 

Raising a claim to a tribunal can be time-consuming, however, there is no fee to pay.

There are strict time limits to making a claim to tribunal. Typically, you have 3 months minus 1 day from the date of the incident at work. 

To notify Acas you can fill in an online form.

You will need to provide some key pieces of evidence:

• Your employment contract
• Your job description, if you one
• Policies and procedures that relate to the issue you are having – refer to your organisation’s staff handbook

Risks and considerations

Experiencing harassment can be distressing enough, adding on top the stress that can come with pursuing a claim, and the whole process can create an emotional toll on an employee. Pursuing a claim can also have an impact on professional relationships and career progression.

However, you should know that the Equality Act protects you from your employer retaliating against you for making a claim. Your employer cannot fire you for making a claim, if they do you may be able to make a claim for unfair dismissal.

If your harassment claim is successful, you may be awarded compensation by a tribunal. Alternatively, you may be able to negotiate a settlement with your employer.

There are different types of compensation that may be awarded including:

• Financial loss
• Emotional distress
• Loss of professional opportunities

Costs and fees involved

The legal costs associated with filing a harassment claim, include solicitor fees and potential costs for tribunal representation.

Why choose Lawhive for workplace harassment cases?

Here are our three top reasons to choose our workplace harassment solicitors:

• Our legal expertise – our lawyers are experts in handling workplace harassment cases, providing comprehensive support and legal representation for employees facing harassment
• Combination of technology and legal expertise - Lawhive uses technology to streamline the claim process, ensuring clients receive efficient and effective legal assistance
• Client-centric approach – we work tirelessly to understand your needs and provide tailored legal solutions to ensure the best outcome in your harassment case

Workplace harassment legal advice

If you feel like you’re being harassed at work, knowing your rights under the Equality Act 2010 and the steps to take if you are experiencing harassment at work is very important.

To take action against those who have mistreated you, seek professional legal advice from Lawhive to navigate workplace harassment claims and protect their rights.

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