What Counts as Workplace Harassment?

In UK employment law, harassment is defined in section 26 of the Equality Act 2010 as unwanted conduct related to a protected characteristic—such as age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, or sexual orientation. This conduct must either have the purpose or effect of violating your dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for you.

Examples include offensive jokes about your race, unwanted sexual advances, or mocking your disability. Importantly, even if the perpetrator did not intend to offend, if it has that effect on you, it can still be harassment. Employers are vicariously liable for harassment by employees unless they can show they took all reasonable steps to prevent it.

Your employment contract or company policy may reference these legal duties, but the Equality Act sets the standard.

For more on Discover what counts as workplace discrimination UK under the Equality Act 2010, including protected characteristics, harassment, direct and indirect discrimination. Learn your rights and time limits for claims, see here.

Bullying vs Harassment: Spotting the Difference

Bullying involves repeated offensive, intimidating, malicious or insulting behaviour that aims to humiliate you, often unrelated to protected characteristics. While not directly unlawful unless it amounts to discrimination, severe bullying can lead to constructive dismissal claims under the Employment Rights Act 1996.

Harassment requires a link to a protected characteristic, making it discrimination. For instance, general shouting might be bullying, but shouting about your gender is harassment. Both create toxic workplaces, but harassment gives stronger tribunal grounds.

If unsure, document patterns and consult ACAS for free advice.

Step 1: Record Evidence of Harassment

Start evidence recording immediately by noting every incident: date, time, location, what was said or done, witnesses, and your emotional response. Use a private notebook, email to yourself, or app for timestamps.

Save related materials like emails, messages, or photos discreetly. This builds a timeline proving repetition or severity, key for the grievance process or tribunal where the burden may shift to your employer to disprove claims.

Consistent evidence recording protects you if the behaviour escalates or leads to retaliation.

• Keep records factual and objective
• Include impacts on your wellbeing
• Store securely away from work systems

Step 2: Try an Informal Approach

Approach your line manager or a trusted HR person privately, explaining the behaviour calmly with specific examples. Say how it’s affecting you and ask them to intervene. The ACAS Code of Practice encourages this first step in the grievance process.

Many employers act promptly to avoid escalation. If comfortable, speak directly to the harasser, but prioritise safety.

Document this conversation too, noting agreements or outcomes.

Step 3: Raise a Formal Grievance

Write a formal grievance letter to HR or management detailing incidents, evidence references, requested outcomes like investigation or training, and impacts. Follow your company’s procedure, typically involving a meeting and appeal right.

The ACAS Code of Practice on Disciplinary and Grievance Procedures outlines fairness: timely response, impartial investigation, right to accompany. Tribunals consider adherence when assessing claims.

Allow reasonable time (e.g., 28 days) for resolution.

1. Submit in writing
2. Attend grievance hearing
3. Appeal if unsatisfied

Step 4: Escalate to ACAS and Tribunal if Needed

If unresolved, contact ACAS for Early Conciliation—a free, confidential mediation pausing the time limit. It’s required before tribunal under Employment Tribunals Act 1996.

Tribunal claims for harassment must start within three months less one day from the last incident (Equality Act 2010 s123), extended by conciliation. Successful claims can yield compensation for injury to feelings, loss, etc.

Self‑represent effectively with strong evidence.

1. Notify ACAS online/phone
2. Participate in conciliation
3. File ET1 form if fails

Where to Get Support During This Process

ACAS helpline offers impartial guidance. If union member, get representation. Free services like Citizens Advice or Equality Advisory Support Service assist with discrimination.

Consider GP for stress impacts, supporting constructive dismissal if you resign.

Self‑representation resources on Self‑Representation.org.uk prepare you for tribunals.

• ACAS: 0300 123 1100
• Equality Advisory: 0808 800 0082
• Union or solicitor pro bono