Definition
Unwanted conduct related to a protected characteristic that has the purpose or effect of violating a person's dignity or creating an intimidating, hostile, degrading, humiliating, or offensive environment in the workplace.
UK Context
The Worker Protection (Amendment of Equality Act 2010) Act 2023, effective from October 2024, places a new proactive duty on employers to take reasonable steps to prevent sexual harassment. Employment tribunals can increase compensation by up to 25 percent where an employer has breached this duty. The Equality and Human Rights Commission has published a statutory code of practice and technical guidance on sexual harassment and harassment at work.
Best Practices
- Implement a clear anti-harassment policy that defines harassment, provides examples, and outlines reporting procedures
- Train all employees on harassment awareness and ensure managers know how to handle complaints
- Establish multiple reporting channels including anonymous options
- Investigate all complaints promptly, thoroughly, and confidentially
- Conduct regular risk assessments for harassment, particularly from third parties such as customers
Frequently Asked Questions
What is the difference between harassment and bullying?
Harassment is unwanted conduct related to a protected characteristic under the Equality Act 2010 and is unlawful. Bullying is offensive, intimidating, or insulting behaviour that is not necessarily linked to a protected characteristic. While bullying is not specifically prohibited by statute, it may still give rise to other legal claims such as constructive dismissal or personal injury.
Can an employer be liable for harassment by a customer?
Yes, under the Worker Protection Act 2023 (effective October 2024), employers have a proactive duty to take reasonable steps to prevent sexual harassment, including harassment by third parties such as customers, clients, and suppliers. Employers who fail to act may face increased tribunal compensation.
What should an employee do if they experience workplace harassment?
Employees should record incidents with dates, times, witnesses, and details, report the behaviour through the organisation's grievance or complaint procedure, and seek advice from their trade union representative, ACAS helpline, or Citizens Advice. If internal processes fail to resolve the issue, they may bring a claim to an employment tribunal within three months of the last incident.