Harassment in the workplace: An employee’s guide

Harassment in the UK workplace is a significant issue that can cause great emotional distress and harm to people on the receiving end.

Depending on how you define harassment, and which research findings you look at, the numbers of people who say they’ve been harassed at work range from about 35% to 75%. Whichever way you look at it, however, and whatever statistics you use, the numbers are, in our view, unacceptably high.

In this guide, we’re focusing on harassment as a form of discrimination against people who have specific ‘protected characteristics’ under the 2010 Equality Act, although much of the content is relevant to all forms of harassment.

We provide some practical tips on what to do if you find yourself being the victim of workplace harassment because of your protected characteristic(s) and the kinds of claims you may be able to make against your employer for their harassment of you.

See also our separate sister guides on Sexual harassment, Discrimination and Bullying at work.

Harassment and bullying: Is there a difference?

Harassment and bullying sometimes get confused, which isn’t surprising as the behaviours associated with each can sometimes overlap. However, in law they are treated as two separate forms of inappropriate behaviour.

Harassment is defined in the Equality Act 2010 as unwelcome behaviour related to a ‘protected characteristic’. Those characteristics include your age, gender, race, disability, religion/belief, sex, or sexual orientation.

They are protected by the Act, which means that you can’t be treated unfairly or inappropriately at work – including being harassed – because you have one or more such characteristics.

Harassment involves actions that violate an individual’s dignity, create an intimidating, hostile, degrading, or offensive environment, or result in adverse treatment, because the individual who’s being harassed has a protected characteristic.

Bullying, on the other hand, might not necessarily be linked to a protected characteristic. It generally refers to repeated, persistent, and targeted negative actions intended to harm or intimidate you.

Examples of workplace harassment

Identifying workplace harassment can be challenging, as it can take various forms. Some common examples of harassment include the following:

-Verbal harassment

Verbal harassment typically involves someone making offensive comments, or slurs, or using derogatory language, about your protected characteristic.

-Physical harassment

Physical harassment typically involves unwanted physical contact, gestures, or invasion of your personal space based on your protected characteristic.

-Sexual harassment

Sexual harassment involves unwanted sexual advances, comments or gestures of a sexual nature, or inappropriate physical contact or touching. See our guide on sexual harassment for more.

-Cyber harassment

Cyber harassment involves harassment through electronic means, such as emails, social media, or online platforms.

-Victimisation because of harassment

Victimisation as it relates to harassment typically occurs in one or more of the following situations:

when you’re treated badly because you have made, or supported, a complaint about harassment, or are thought to have done so.
retaliation when you’ve raised a grievance about harassment.

So, let’s say you complain about harassment, whether informally to your employer, or formally through a grievance procedure. You then face bad treatment, such as being denied promotion or training opportunities, or experiencing other negative impacts on your working conditions. That could constitute victimisation.

Harassment at work: Practical tips

Experiencing harassment at work can be distressing, but there are practical steps you can take to address the issue and protect yourself, including the following:

Understand your rights as a harassment victim

Familiarise yourself with the Equality Act 2010 and your organisation’s policies and procedures on harassment – if they have them. You can stand up for yourself far more effectively if you know/understand your rights when you are being harassed and know how to report to the appropriate people or role-holders in your organisation about what’s being done to you.

Consider talking to your harasser/s

A word of warning: this tip is not for everyone, so don’t follow it without careful thought. If (and only if) you feel safe doing so, tell your harasser clearly that their behaviour is unwelcome and must stop.

Having said that, don’t on any account try addressing the problem on a face-to-face basis if you think it might endanger your safety, and don’t attempt confrontation in any location where you and they are the only people in the vicinity

Document incidents of harassment

Keep a detailed record of each and every incident, including dates, times, locations, individuals involved, and a description of what occurred. This will provide essential evidence to support your case if you decide to take further action. See our separate guides on record-keeping and collecting evidence.

Seek support

Reach out to trusted colleagues, friends, or family members who can provide emotional support and guidance. Consider contacting helplines such as that offered by Acas, or support organisations specialising in workplace harassment such as The Mix for younger people.

Report the harassment

Follow any reporting procedures that your organisation may have on harassment and report your experiences in writing to your line manager, or human resources department, or a formally designated contact. Provide the documented evidence you’ve collected to support your complaint.

If you report the harassment verbally in the first instance, always follow up your verbal report with a written communication to ensure your concerns are taken seriously.

Also follow up your written report if you haven’t had a response within a reasonable time. Your organisation’s harassment or similar policy document should set out what is a reasonable amount of time for you to wait for a written response, but if it doesn’t, 5 working days would be a reasonable rule of thumb.

Raise a formal grievance against the harassment

If the harassment escalates and/or if your initial written reports are ignored, consider raising a formal grievance about it. If your employer has a grievance policy, follow the procedure carefully for raising your grievance.

Detail the incident(s), including what happened, who was involved, its impact on you, and your desired resolution. Include all available evidence and any witness statements to support your claim. You may find our grievance letter templates useful for this purpose.

While a formal grievance could prompt your employer to correct the issue, be aware that some employers might decide to prolong the process without any intention of resolving it. They might even view you negatively because you’re raising a grievance and look for ways of dismissing you.

If you choose to stay, keep a detailed diary of events and collect all relevant evidence, consulting our guidance on record-keeping. However, don’t leave it for too long, otherwise you may be taken to have accepted the way you’ve been treated and then any further action may not carry much weight.

Seek professional advice

Seek guidance from a trade union rep or employment law professional such as a lawyer who has proven experience in employment harassment cases.

A suitably experienced trade union rep should be able to offer you some practical help and the employment law professional will certainly be able to provide legal advice tailored to your specific situation.

Maintain your well-being

Meantime, take good care of your mental and physical well-being during this challenging time. Participate in activities that help you relax, and consider professional counselling or other related therapy if you find the situation seems to be getting overwhelming.

Legal claims you could make for harassment

If you decide that you should leave your employment because of the harassment, there are various legal claims that you could make against your employer for perpetrating or allowing harassment against you, including:

Harassment/Discrimination

If making a formal grievance isn’t effective, you may be able to make a claim for harassment as a form of discrimination under the Equality Act 2010, as mentioned earlier. This will be relevant if you’ve been harassed because of one or more of your ‘protected characteristics’ of age, gender, race, disability, religion/belief, sex, or sexual orientation.

If you’re harassed because of your pregnancy and/or maternity, then you may have a claim for direct discrimination under the Equality Act.

There are strict time limits to bring your discrimination claim to an employment tribunal. It’s usually 3 months less one date from the date of the discrimination.

Victimisation under the Equality Act 2010

Retaliation against you for reporting harassment is also prohibited under the Equality Act. So, if you report an incident of harassment, either for yourself or for someone else, and experience retaliation as a result, this counts as victimisation and can be grounds for further legal action. (See also Victimisation above)

Personal injury

A personal injury claim might also be relevant if the harassment is left unchecked and results in you suffering either physical or psychological trauma and injury.

Breach of contract

Your employer has a number of obligations as an employer, including what’s called a ‘duty of trust and confidence’ towards you.

So if your employer treats you in such a way that gives rise to a breakdown in your relationship with them, and that results in you suffering a financial loss, then you may have a claim for breach of contract.

Constructive dismissal

If the harassment becomes so bad that you feel you have no choice but to resign, then that’s constructive dismissal and you may also be able to make a claim for it.

How good is your employer at combating harassment?

Employers have a responsibility to prevent harassment and to create a safe and inclusive work environment. Some employers are better at implementing it than others.

You can get an idea of how good your employer is in relation to harassment by looking at their harassment policies and practices. Here are some kinds of anti-harassment policies, procedures and practices that an employer who cares will have in place:

Widely disseminated harassment policies that clearly outline what harassment is, what harassment behaviours are and the consequences for individuals who perpetrate harassment.
Regular staff training on harassment awareness, prevention, and the consequences of such behaviour.
Fostering an anti-harassment culture where employees aren’t afraid to report instances of harassment, are confident that their reporting will be treated fairly and confidentially, and won’t result in retaliation.
Reporting procedures for harassment that will be investigated thoroughly and promptly and confidence amongst employees that appropriate action will be taken against individuals found responsible for harassment, including disciplinary measures.
Availability of resources and support for harassment, such as counselling services or employee assistance programmes, to help those affected by harassment.

Getting legal help with harassment at work

If you would like expert legal help and advice to negotiate a settlement agreement or to make a claim for harassment in an employment tribunal, get in touch with Monaco Solicitors.

We are specialist employment lawyers who only represent employees and are experts in successfully resolving harassment cases.

Our related guides

Get started