Workplace Harassment FAQs

Workplace harassment in the UK is defined under the Equality Act 2010. When someone engages in unwanted behaviour related to a protected characteristic that has the potential to violate the dignity of a worker or creates an environment that is intimidating, hostile, degrading, humiliating, or offensive, this is considered to be workplace harassment.

A person’s age, disability, gender reassignment, race, religion or belief, sexual orientation, and gender identity are all protected characteristics.

Harassment can take many forms, including verbal abuse, physical intimidation, inappropriate jokes or comments, and even non-verbal actions such as gestures or facial expressions. It’s important to understand that intent does not matter; what matters is the impact of the behaviour on the victim.

The failure of an employer to ensure that their workplace is free from harassment can result in legal repercussions. Employers have a responsibility to safeguard their workplaces from harassment.

A person who witnesses the harassment of another person is considered to be a victim of harassment under UK law. Harassment does not necessarily have to be directed at the person who is directly harassed. If the behaviour creates an uncomfortable environment for an employee, it may still be considered harassment.

Identifying workplace harassment can sometimes be challenging, as it can be subtle or disguised as ‘banter.’ However, if you feel uncomfortable, intimidated, or threatened by someone’s behaviour at work, you may be experiencing harassment. Pay attention to patterns of behaviour that make you feel demeaning or disrespected.

Signs of harassment include recurring incidents of inappropriate jokes or comments about your appearance, race, gender, or other personal characteristics. Other indicators might include exclusion from work activities, unwanted physical contact, or being on the receiving end of hostile or aggressive behaviour.

Recognising that these behaviours may constitute forms of harassment is essential if they cause you to experience feelings of being undervalued or unsafe.

The importance of trusting your instincts cannot be overstated. If you feel that a certain behaviour or comment is inappropriate, you should think about whether or not it could be considered harassment. Documenting incidents as they occur can help you keep track and provide evidence if needed.

If you believe you are being harassed at work, it’s important to act promptly to protect yourself and seek resolution. Initially, you might consider addressing the issue directly with the person involved if you feel safe doing so.

There are times when people might not be aware that their actions are offensive, and a straightforward conversation can help resolve the issue they are experiencing.

You should report the harassment to your line manager, the human resources department, or another appropriate authority within your company if direct communication is not possible or if the behaviour continues.

The procedures for reporting harassment at your company should be outlined in either the employee handbook or the harassment policy of your company. It is extremely important to follow these procedures.

Make sure that you keep a record of every instance of harassment, including the dates, times, and names of any witnesses. This documentation can be vital if the situation escalates and legal action is required.

Remember, you have the right to work in an environment free from harassment, and your employer has a legal obligation to address your concerns.

Under the Equality Act of 2010, employees in the United Kingdom are afforded protection against harassment in the workplace. This law prohibits harassment related to any of the protected characteristics, such as age, sex, race, disability, and more.

If you are subjected to harassment, you have the legal right to take legal action against the person who harassed you as well as your employer if they do not react appropriately to the situation.

You are entitled to raise a grievance with your employer, and if the matter is not resolved, you can take your case to an Employment Tribunal. The law also protects you from victimisation, meaning your employer cannot treat you unfairly for making a complaint. Compensation for harassment claims can include financial loss, injury to feelings, and more.

The fact that you should report harassment within three months, or less than one day after the most recent incident, is an important point to keep in mind. This time limit is crucial if you intend to pursue legal action. Always seek advice from a legal professional to understand your rights fully and to ensure your case is handled correctly.

When reporting workplace harassment, it’s essential to follow your employer’s internal procedures, which are typically outlined in your employment contract, employee handbook, or company policies. Generally, you should report the issue to your line manager or HR department.

Depending on the circumstances, it may be appropriate to report the harassment to your manager’s superior or to HR directly if it involves your manager.

When making a report, it’s important to be clear and specific about the incidents that have occurred. Provide details such as dates, times, locations, and the names of any witnesses. Having a documented record of the harassment will strengthen your case and help the investigation process.

In some cases, especially in smaller companies where HR might not be present, you might need to report the issue to the company owner or an external body such as the Advisory, Conciliation, and Arbitration Service (ACAS) for guidance. ACAS can also offer advice if you’re unsure how to proceed.

Gathering evidence is a crucial step when filing a complaint about workplace harassment. Documentation of incidents is your primary form of evidence, so keep detailed records of every instance of harassment, including dates, times, locations, descriptions of the events, and the names of any witnesses.

Emails, text messages, or any written communications that show harassment can serve as evidence. If the harassment is verbal or physical, note down as much detail as possible immediately after each incident. Witness statements from colleagues who have observed the harassment can also be invaluable.

Obtaining medical reports from your primary care physician or a mental health professional can further strengthen your case if the harassment has had an impact on either your mental or physical health. This evidence not only supports your claim but also helps in seeking the right legal remedies.

While you can request to remain anonymous when reporting workplace harassment, it can limit the ability of your employer to investigate the complaint thoroughly. The vast majority of organisations will make every effort to maintain the confidentiality of your identity; however, there are situations in which it may be necessary for them to reveal it in order to effectively resolve the problematic situation.

At the outset, if you are concerned about maintaining confidentiality, you should discuss this matter with human resources or the individual who is handling your complaint. They should explain the extent to which your anonymity can be maintained and what steps will be taken to protect you from retaliation.

When certain conditions are met, such as when someone blows the whistle on a wrongdoing, the law offers additional protections for anonymity.

If the situation develops into a legal claim, it is possible that it will no longer be possible to maintain anonymity. Evaluating the benefits and drawbacks of anonymity is essential, and if necessary, it is advisable to seek the guidance of a legal professional.

The UK has robust protections for whistleblowers under the Public Interest Disclosure Act 1998. If you report workplace harassment that you believe is in the public interest, such as systemic issues or illegal practices within the organisation, you are protected from retaliation by your employer.

Consequently, you should not be subjected to any form of discrimination, including but not limited to being fired, demoted, or subjected to any other form of discrimination because of your decision to blow the whistle.

Please be aware that in order to be eligible for protection, it is necessary to disclose your information to the appropriate individual. This individual is typically your employer, a legal advisor, or a prescribed person or body, such as a regulatory authority.

You have the ability to file a claim with an Employment Tribunal in the event that you are subjected to retaliation as a result of blowing the whistle. Such a claim may result in you being awarded compensation.

It’s important to note that whistleblower protections are strongest when you follow the correct procedures for reporting. Ensure that your disclosure is accurate and made in good faith to avoid any potential challenges to your protection.

Workplace harassment can have a significant negative impact on your mental health, leading to stress, anxiety, depression, and other psychological issues. Victims of harassment often experience a decline in their overall well-being, which can affect their job performance, relationships, and physical health.

The early recognition of these effects and the subsequent pursuit of support are both extremely important.

Support is available through various channels. Many workplaces offer Employee Assistance Programs (EAPs) that provide confidential counselling services to help you cope with the emotional toll of harassment. You can also seek support from your GP, who may refer you to a mental health professional or suggest other resources.

A trusted colleague, friend, or family member can provide emotional support in addition to the assistance that is provided by a professional. Remember that it’s important to prioritise your mental health and seek help if you’re struggling, as unresolved mental health issues can lead to long-term consequences.

Under UK law, employers have a legal obligation to prevent and address workplace harassment. The Equality Act 2010 requires employers to create a work environment that is free from harassment related to protected characteristics. This includes implementing effective policies and procedures to prevent harassment and taking immediate and appropriate action when complaints are raised.

Employers must provide training to all employees on recognising, preventing, and reporting harassment. They should also ensure that there are clear channels for reporting harassment and that all complaints are handled confidentially and fairly.

Should you fail to comply, you may face legal repercussions, such as demands for compensation for emotional distress or claims of constructive dismissal.

The responsibility of providing assistance to victims of harassment and taking measures to prevent retaliation against those who file complaints falls under the purview of the employer as well. Employers should regularly review their policies and practices to ensure they are effective and comply with current legislation.

Taking additional measures to protect yourself and seek resolution is essential in the event that your employer does not take action after you have reported harassment to them. First, you should formally raise a grievance following your company’s grievance procedure. This typically involves submitting a written complaint to a higher authority within the organisation, such as HR or senior management.

You may want to consider seeking advice from an external body such as ACAS, which can provide mediation services or guidance on how to proceed in the event that your complaint is not addressed in a satisfactory manner during the course of the dispute.

You also have the option to file a complaint with an Employment Tribunal, especially if you believe your employer has breached their duty to protect you from harassment.

Taking legal action is a significant step that ought to be carefully considered before being taken. Document all your interactions with your employer regarding the harassment and seek legal advice to ensure you understand your rights and the potential outcomes.

Financial institutions in the UK are subject to specific regulations regarding workplace harassment, particularly under the Financial Conduct Authority (FCA) and Prudential Regulation Authority (PRA) guidelines. These regulations require financial institutions to maintain a workplace that upholds high standards of conduct and integrity, which includes preventing and addressing harassment.

The FCA and PRA expect firms to have robust policies and procedures in place to handle complaints of harassment and to foster a culture of respect and inclusivity. Failure to comply with these expectations can result in regulatory actions, including fines or restrictions on the firm’s operations.

Under the Equality Act 2010, financial institutions must ensure that their practices align with the Senior Managers and Certification Regime (SM&CR), which holds senior managers accountable for the conduct within their firms. This includes ensuring that harassment is not tolerated and that employees feel safe to report concerns.

Workplace harassment can have a detrimental impact on your career and future job prospects. Victims of harassment may experience a decline in job performance due to stress, anxiety, or fear, which can lead to missed opportunities for promotions, raises, or professional development.

Individuals may be forced to leave their jobs as a result of harassment in certain circumstances, which can result in employment gaps that are difficult to explain to potential employers in the future.

You may suffer damage to your professional reputation if harassment is not addressed and continues over a period of time. This is especially true if the situation escalates to the point where it is widely known within your industry. Because of this, it may be difficult to obtain new positions or rise through the ranks of your career.

Taking action against harassment, such as filing a complaint or seeking legal recourse, can also demonstrate your commitment to maintaining a professional and respectful work environment, which may be viewed positively by future employers.

Making your health a top priority and reaching out for assistance are both necessary steps to take in order to successfully navigate these challenges.

Workplace harassment can include online or virtual harassment, also known as cyber harassment. With the rise of remote working and digital communication, harassment can occur through emails, instant messaging, video calls, or social media. The same principles that apply to in-person harassment also apply to virtual harassment; it must be unwelcome and relate to a protected characteristic under the Equality Act 2010.

Examples of online harassment include sending offensive or inappropriate messages, making derogatory comments during virtual meetings, or excluding someone from digital workspaces.

It’s important for employers to extend their harassment policies to cover online interactions and ensure that employees understand that virtual spaces are also governed by the same rules of conduct as physical workplaces.

If you experience online harassment, it’s crucial to document the incidents by saving messages, screenshots, or recordings. Reporting online harassment should follow the same procedures as reporting in-person harassment, with the expectation that your employer will address the issue appropriately.

Various types of training are available to help prevent workplace harassment, and it’s essential for employers to provide this training regularly. Common training programs include anti-harassment training, diversity and inclusion training, and unconscious bias training.

Employees are educated from these training programs on how to identify harassment in the workplace, how to prevent it, and how to respond to it.

Anti-harassment training typically covers the legal definitions of harassment, examples of inappropriate behaviour, and the consequences of such ehavior. The company’s policies on harassment and the procedures for reporting incidents are also communicated to employees through this document.

Training that emphasises diversity and inclusion seeks to foster an environment that is respectful and understanding by drawing attention to the significance of a wide range of perspectives and experiences.

Unconscious bias training helps employees recognise and mitigate biases that can lead to discriminatory behaviour, including harassment. Employers may offer these training programs in various formats, including in-person workshops, online courses, or a combination of both.

You can take legal action against a colleague or employer for harassment. If you believe that you have been subjected to harassment at work and your employer has not taken adequate steps to address the situation, you have the right to file a claim with an Employment Tribunal.

The Equality Act of 2010 establishes the legal framework for these claims, making it possible for victims of harassment to seek justice and compensation.

Before taking legal action, it’s important to follow the internal procedures for reporting harassment and give your employer an opportunity to resolve the issue. If your employer fails to act or if the harassment continues, legal action may be necessary.

The filing of a claim for constructive dismissal is one option available to you in the event that you feel compelled to leave your job as a result of the harassment.

Taking legal action can be complex, and it is advisable to seek guidance from a solicitor specialising in employment law. They can help you navigate the process and ensure that your rights are protected.

Human Resources (HR) plays a critical role in handling workplace harassment complaints. HR is responsible for ensuring that all harassment complaints are taken seriously, investigated thoroughly, and resolved promptly. They act as an impartial body to mediate between the complainant and the accused, ensuring that both parties are treated fairly.

When a harassment complaint is filed, HR should follow a structured process, which includes acknowledging the complaint, conducting a confidential investigation, and taking appropriate action based on the findings.

This might involve taking disciplinary action against the person who committed the offence or making adjustments to the policies and procedures of the workplace in order to prevent similar incidents in the future.

HR also has a duty to support the victim throughout the process, providing resources such as counselling or adjustments to their work environment if necessary. The Human Resources department is responsible for a number of important responsibilities, including ensuring that the anti-harassment policies of the company are up to date and that all employees are aware of these policies.

The outcomes of a workplace harassment investigation can vary depending on the findings of the investigation. The perpetrator may be subject to disciplinary action, which may include a formal warning, suspension, or even termination of employment, depending on the findings of the investigation, which has determined that harassment did in fact take place.

The employer may also be required to implement changes to prevent future harassment, such as revising policies, providing additional training, or making adjustments to the work environment.

Because of the severity of the harassment or the fact that it is of a criminal nature, legal action may be taken against the person who is responsible for it, which may result in criminal prosecution or civil penalties. The victim may also receive compensation for any harm suffered as a result of the harassment.

In the event that the investigation leads to the conclusion that the complaint is not supported by evidence, the employer is not required to take any action; however, they should make certain that the working environment continues to be safe and respectful for all employees.

Regardless of the outcome, it’s important for the employer to maintain transparency and communicate the results of the investigation to the parties involved, while maintaining confidentiality where necessary.

At the time of filing a complaint with an Employment Tribunal in the United Kingdom, you typically have three months less than one day from the date of the most recent instance of harassment.

This time limit is strict, and it’s important to act quickly if you wish to pursue legal action. If the harassment is ongoing, the time limit may start from the date of the most recent incident.

If you miss this deadline, it may be more difficult to pursue your claim, although there are exceptional circumstances where a tribunal may extend the time limit. Seeking legal advice as soon as possible can help ensure that you file your complaint within the required timeframe.

It’s also advisable to report the harassment internally as soon as possible and to keep records of all incidents and communications related to the harassment to support your claim.

While harassment and bullying can both create a hostile work environment, they are distinct in their legal definitions. Harassment is unwanted behaviour related to a protected characteristic under the Equality Act 2010, such as age, sex, race, or disability, that violates a person’s dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment.

Bullying, on the other hand, may involve similar unwanted behaviour but is not necessarily linked to a protected characteristic. Bullying can include actions such as spreading malicious rumours, insulting someone, or deliberately undermining their work, but it does not fall under the legal protections of the Equality Act unless it is related to a protected characteristic.

Both harassment and bullying are unacceptable in the workplace, and employers have a duty to address both issues. However, the legal recourse available for bullying may differ from that for harassment, depending on the circumstances.

When you are unsure whether the behaviour you are experiencing constitutes harassment or bullying, it is important to seek advice from a professional.