Harassment at work: when it becomes unlawful, and what you can do

People use harassment to describe everything from an unpleasant manager to criminal stalking. In employment law it has a precise meaning, and that precision works in your favour: if what is happening to you fits the legal definition, your employer can be liable for it, and from October 2026 the duties on employers to prevent harassment get stronger still.

This guide deals with harassment as a legal claim. If what you are experiencing is bullying that is not linked to a protected characteristic, our workplace bullying guide covers the routes available, because the law treats the two differently.

The legal definition

Under section 26 of the Equality Act 2010, harassment is unwanted conduct that is related to a protected characteristic and has the purpose or effect of violating your dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for you.

The protected characteristics are age, disability, gender reassignment, race, religion or belief, sex and sexual orientation. (Pregnancy, maternity, marriage and civil partnership are protected from discrimination but are dealt with slightly differently for harassment.)

There are also two further types. Sexual harassment is unwanted conduct of a sexual nature with the same purpose or effect. And it is harassment to treat someone worse because they rejected, or submitted to, sexual harassment or harassment related to sex or gender reassignment.

Key points that decide real cases:

• Effect counts, not just intent. "It was only banter" is no answer if the conduct had the prohibited effect, though a tribunal looks at whether it was reasonable for you to feel that way.
• A single serious incident can be enough. Harassment does not need to be repeated, though a pattern obviously strengthens the picture.
• You do not need the characteristic yourself. Harassment can be by association (for example abuse aimed at your partner's race) or perception (homophobic abuse aimed at someone the harasser assumes is gay).
• Witnesses can claim. Conduct directed at someone else can still poison the environment for you.

Who is liable?

Your employer is usually liable for harassment committed by its employees in the course of their employment, unless it can show it took all reasonable steps to prevent it. That defence is harder to run than employers expect: a policy in a drawer is not enough without training, enforcement and proper handling of complaints.

On top of that, since October 2024 employers have been under a proactive duty to take reasonable steps to prevent sexual harassment of their workers, enforceable by the Equality and Human Rights Commission and reflected in a compensation uplift of up to 25% if breached. The Employment Rights Act 2025 tightens this further from October 2026: the duty rises to all reasonable steps, and employers become liable again for third-party harassment of employees by customers, clients and the public unless they took all reasonable steps to prevent it. If you face harassment from customers and your employer shrugs, the legal ground is shifting firmly in your favour.

What to do if you are being harassed

1. Record everything. Dates, times, what was said or done, who was present, and how it affected you. Keep messages, emails and screenshots somewhere personal and safe.

2. Check the policy. Your employer's harassment or dignity at work policy sets out the reporting route; following it matters later.

3. Raise it. If you feel able, make clear to the person that the conduct is unwanted. Otherwise go straight to your manager, HR or the named contact in the policy, ideally in writing so there is a record. A formal grievance is the usual next step if it continues.

4. Get early advice. Do not wait until you are at breaking point. A solicitor can help you frame the grievance so the right legal labels are attached from the start, which matters enormously if it later reaches a tribunal.

If the harassment is by colleagues and the employer ignores a proper complaint, that failure itself strengthens your position. Where the situation has become intolerable and you are thinking of resigning, read our guide to constructive dismissal first, because resigning without advice can cost you the claim.

Time limits and compensation

Discrimination claims, including harassment, go to the employment tribunal and the time limit is three months less one day from the act you are complaining about (or the last in a continuing course of conduct), with ACAS early conciliation pausing the clock. From October 2026 the Employment Rights Act 2025 extends tribunal time limits to six months, as our time limits guide explains.

Compensation for harassment includes injury to feelings, assessed in bands that are uprated each year, plus financial losses such as lost earnings. There is no cap on discrimination compensation, which is one reason harassment claims are taken seriously by employers once solicitors are involved.

Harassment claims turn on detail and timing. Match My Solicitor connects you with employment solicitors who handle discrimination and harassment cases daily, starting with a free enquiry so you know where you stand before committing to anything. Our discrimination solicitors page explains how matched solicitors work with you.