What harassment actually is
Harassment is unwanted behaviour related to a protected characteristic that violates your dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment. That definition comes from the Equality Act 2010, and it matters because it makes harassment unlawful, not just unpleasant.
The law that makes harassment at work unlawful
legislation.gov.uk
Protected characteristics, from age and disability to sex and race
Equality Act 2010
The usual time limit for an employment tribunal claim
Acas
The nine protected characteristics
Harassment under the Equality Act must relate to one of nine protected characteristics. Behaviour that has nothing to do with any of them can still be bullying, but it is not harassment in the legal sense.
Since October 2024 employers also have a legal duty to take reasonable steps to prevent sexual harassment at work, before it happens, not just to respond afterwards.
Harassment versus bullying: the difference that matters
People use the two words interchangeably, but in UK law they are very different. Knowing which one you are dealing with changes your options.
Harassment
Unwanted conduct related to a protected characteristic. Unlawful under the Equality Act 2010. You can bring an employment tribunal claim, and your employer can be held responsible for what its staff do.
Bullying
Offensive, intimidating or malicious behaviour that is not linked to a protected characteristic. Not unlawful by itself, but it can still breach your contract, your employer's policies, or health and safety duties.
If what is happening to you connects to your race, sex, disability, age, religion, sexuality or another protected characteristic, treat it as potential harassment from day one. The legal protections are stronger and the deadlines are strict.
What harassment looks like in practice
Common forms of workplace harassment
It rarely looks dramatic. More often it is a pattern of small things that wear you down.
- 01
Comments and jokes
Remarks about your body, your accent, your religion or your age, passed off as humour and repeated after you have objected.
- 02
Unwanted contact
Touching, standing too close, or messages of a sexual nature, whether in person or online.
- 03
Mockery and mimicry
Imitating your speech, your disability or your mannerisms in front of others.
- 04
Exclusion tied to identity
Leaving the only woman out of client events, or scheduling every team social around drinking when a colleague's religion means they cannot join in.
- 05
Images and material
Displaying or circulating offensive images, memes or messages about a group you belong to.
What to do if it is happening to you
Your next steps
- Start a dated record now. Write down what happened, when, where, who was there and how it affected you. Keep it somewhere your employer cannot access.
- Check whether what is happening relates to a protected characteristic. If it does, say so clearly when you raise it, because that word changes your employer's legal position.
- Raise it with your manager or HR, informally first if you feel safe doing so, then formally as a grievance if it continues.
- Note the deadline. You normally have three months less one day from the last incident to start an employment tribunal claim, and Acas early conciliation must come first.
- Get support. Acas, Citizens Advice and the HeartBrain Tracker can all help you work out your position before you decide anything.
Prefer to read this offline? Get The HeartBrain Workplace Bullying Handbook emailed to you free.
Common questions
Is harassment at work a criminal offence?
Harassment under the Equality Act 2010 is a civil matter handled by the employment tribunal. However, serious or repeated harassment can also be a criminal offence under the Protection from Harassment Act 1997, particularly where it involves stalking, threats or fear of violence.
Can a single incident count as harassment?
Yes. There is no minimum number of incidents. One serious incident can be enough if it violates your dignity or creates a degrading environment.
What if my employer says it was just banter?
Intent is not the test. The law looks at the effect the behaviour had on you, and whether it was reasonable for it to have that effect. Calling something banter is not a defence.
Can I be harassed by a customer or client?
Yes, and your employer still has duties towards you. If they knew you were exposed to harassment by third parties and failed to act, that can be relevant to a claim.
HeartBrain
A community for people being bullied at work
HeartBrain is a free, anonymous community and resource library for anyone affected by workplace bullying and harassment, plus a culture questionnaire for organisations serious about fixing it. We are opening soon.
If you are struggling right now, you do not have to wait for us. In the UK, Samaritans are free on 116 123, day or night. Acas offer free workplace advice on 0300 123 1100.
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