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Workplace harassment often goes under the radar or gets dismissed as ‘just a joke’. However, these situations can have serious implications for both employees and employers.
In 2022, a global study found that one in five people experienced one or more instances of harassment, with only half of victims reporting it. These numbers continue to be concerning in 2025, particularly with the rise of hybrid and remote working environments.
In this blog, we outline what workplace harassment is, how you can deal with it, and the obligations of your employer.
What is harassment?
Harassment occurs when someone’s behaviour violates your dignity, whether intentional or not, often resulting in feelings of humiliation or intimidation.
In the workplace, this behaviour commonly creates a hostile and unwelcoming environment for the victim. The Equality Act 2010 provides protection for anyone with a protected characteristic who faces harassment, ensuring legal recourse for victims.
What classes as harassment?
Workplace harassment manifests in various ways. It includes spoken or written abuse, inappropriate jokes, and offensive messages through digital platforms such as email, workplace messaging systems, or social media sites.
In 2025’s workplace, harassment has evolved to encompass new forms of digital misconduct, including inappropriate behaviour in virtual meetings and harassment through workplace collaboration tools.
Traditional forms of harassment persist, including abusive images, physical gestures, and unwanted physical contact.
Victims commonly report feeling frightened, humiliated, and disrespected by the behaviour they face. With the rise of remote working, many experience these feelings even within virtual workplace environments.
What is the difference between workplace harassment, bullying and discrimination?
While these terms are often used interchangeably, they have distinct legal meanings under UK law.
Harassment is unwanted conduct related to a protected characteristic that violates an individual’s dignity or creates an intimidating, hostile environment. This is specifically protected under the Equality Act 2010.
Bullying, while equally serious, is not specifically defined in UK law. It typically involves offensive, intimidating, or malicious behaviour, and may include abuse of power or unfair punishment. Unlike harassment, bullying isn’t necessarily linked to protected characteristics.
Discrimination occurs when someone is treated less favourably because of a protected characteristic. While harassment is a form of discrimination, not all discrimination is harassment. For instance, being passed over for promotion due to your age is discrimination, while making offensive age-related comments would be harassment.
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When does harassment become unlawful discrimination?
Under the Equality Act 2010, harassment becomes unlawful discrimination when someone becomes a victim due to their protected characteristics. These include:
- Age
- Disability
- Gender reassignment
- Pregnancy and maternity
- Race
- Sex
- Religion or belief
- Sexual orientation
Examples of workplace harassment
Understanding harassment through examples can help identify problematic behaviour.
Julie’s case: A six-month pregnant employee experiences discriminatory comments about her appearance from colleagues when getting her lunch. This constitutes harassment related to pregnancy, a protected characteristic.
Harry’s case: When colleagues learn about Harry’s consideration of gender reassignment surgery, they circulate edited photos mockingly depicting Harry as a woman. This represents harassment and discrimination based on gender reassignment.
Sarah’s case: During a meeting, a colleague aggressively voices anti-religious views, causing serious offence to Sarah, a devout Christian. Though perhaps unintended, this constitutes harassment based on religion.
Sexual harassment in the workplace – new legislation
The Worker Protection (Amendment of Equality Act 2010) Act 2023, which came into force in October 2024, has strengthened protections against sexual harassment in the workplace.
This legislation places a proactive duty on employers to take reasonable steps to prevent sexual harassment of their employees.
Key aspects of the new legislation include:
- Employers must implement preventative measures rather than simply responding to incidents.
- Employers may be liable for harassment by third parties (such as customers or clients) if they fail to take reasonable steps to prevent it.
- Increased compensation may be awarded in tribunals where employers have failed to comply with the preventative duty.
This represents a significant shift from previous legislation, placing greater responsibility on employers to create safe workplaces.
Reasonable steps employers might take include regular staff training on identifying and preventing sexual harassment, clear reporting procedures, risk assessments for different work situations, and regular review of anti-harassment measures.
Can workplace harassment happen outside the workplace?
Workplace harassment can happen outside of the usual working environment. This can include business trips, staff parties and socials, and even online e.g. social media.
Employers are still required to prevent, address, and investigate these types of harassment.
What should I do if I’m being harassed at work?
If you believe you’re experiencing harassment, you have several options:
Internal Resolution
- Raise the issue with the perpetrator if the behaviour seems unintentional
- Submit a formal grievance to senior management or HR
- Document all incidents, including digital communications
- Keep records of any witnesses
Alternative Dispute Resolution
- Consider mediation or conciliation services
- Engage with ACAS for advice on next steps
- Seek support from workplace unions if applicable
Legal Action
- Consult a solicitor about constructing a harassment claim
- Consider proceedings in civil court or an employment tribunal
- Understand time limits for bringing claims
What to do if the harasser is a senior member of staff
It’s still advisable to follow the options above. However, it can feel like a tricky situation, as senior staff members often come across as ‘untouchable’.
You could try to raise an anonymous complaint e.g. by letter. However, this method makes it difficult for the complaint handler to investigate or escalate the matter.
If you feel it’s not possible to escalate it internally, you could go straight down the route of ACAS or Union.
Your employer’s duties regarding workplace harassment
Employers have significant responsibilities in preventing and addressing workplace harassment, especially since the introduction of the new legislation. They must:
- Implement anti-harassment policies covering both physical and digital workplace environments
- Provide regular training on harassment prevention
- Establish clear reporting procedures
- Investigate complaints promptly and thoroughly
- Take appropriate action when harassment is found
- Protect employees from retaliation
- Maintain confidentiality
If you’re facing any form of workplace harassment, don’t feel like you have to stay silent – you deserve to get justice.
How can Britton and Time Solicitors help?
If you’re facing any form of harassment and want to discuss your options with a solicitor, our initial consultations guarantee you:
- Unlimited time to go through the details of your case and ask any questions
- An overview of your legal standpoint and your available options
- A precise time and fee estimate for your case
For more information, please visit our discrimination page. To contact us directly, send us an email via [email protected] or call one of our solicitors on 0203 007 5500.
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