

Workplace harassment can be a distressing experience and no one should have to endure it.
In the UK, employment law provides protections against harassment at work. If you're facing harassment, it's important to understand your rights and take the appropriate steps to address the situation.
What is Harassment?
Harassment in the workplace is defined as unwanted behaviour that violates the dignity of the person or creates an intimidating, hostile degrading, humiliating or offensive environment.
Harassment can occur in many ways, including but not limited to:
Verbal Harassment: Offensive comments, jokes or slurs about someone's race, gender, religion, disability or other protected characteristics.
Example: An employee constantly makes jokes about a colleague's race or ethnicity calling them offensive names or mocking their accent.
Igen Ltd v. Wong [2005] EWCA Civ 142 was a case on verbal harassment. It reinforced the standard that an employee only needs to prove that the conduct was unwanted and had a degrading or offensive impact. Harassment does not need to be intentional.
Physical Harassment: Unwanted touching, physical intimidation or any form of physical assault.
Example: An employee touches a colleague inappropriately or attempts to intimidate them physically by standing too close or blocking their way.
Sexual Harassment: Unwanted sexual advances, comments or gestures. This includes making someone feel uncomfortable through inappropriate jokes, comments about their appearance or physical touching.
Example: A colleague persistently makes sexual jokes or comments about another employee’s appearance, or asks them out repeatedly despite being told no.
Smith v. Gardner Merchant Ltd [2000] IRLR 419 confirmed that the employer's failure to take appropriate action to address the harassment meant they were liable for the actions of their employee. The court also ruled that the claimant did not need to prove that the harassment was motivated by sexual desire, only that it was unwanted conduct of a sexual nature that created a hostile and degrading environment.
Bullying: Persistent negative behaviour aimed at undermining or humiliating someone. This can include belittling someone's work, spreading rumours or isolating them from the team.
Example: A manager repeatedly belittles an employee’s work, accuses them unfairly of errors, or excludes them from team meetings to make them feel isolated.
Racial or Religious Harassment: This involves making derogatory remarks or discriminatory actions based on someone's race, ethnicity, or religious beliefs.
Example: An employee makes racist comments or jokes about a colleague’s ethnicity or religion such as referring to someone's religious beliefs in a derogatory manner or suggesting that they are inferior because of their racial background.
In Chadwick v. Gordon (t/a Gordon’s Car Hire) [2018] ET 3320196/2017, the Employment Tribunal found the employer liable for racial harassment. The claimant had been subjected to a sustained campaign of bullying and harassment by a co-worker, and the employer failed to take appropriate action, despite being aware of the issues.
Harassment Based on Disability or Age: Making negative comments, excluding or treating someone unfairly because of their age or disability.
Example: A manager makes fun of a disabled employee’s disability such as mimicking their movements or an employee makes jokes or comments about a colleague being "too old to learn new things."
Record the Harassment
If you're being harassed at work, it’s crucial to keep a detailed record of the incidents. This will provide evidence if you decide to take further action. Your record should include:
Dates and times of the incidents.
Details of what happened, including what was said or done.
Names of witnesses who may have seen the harassment.
Any action you took such as reporting the incident to your manager or HR.
This documentation will be valuable if you need to make a formal complaint or pursue legal action later on.

Inform the Harasser (If You Feel Safe Doing So)
In some cases, the harasser may not realise that their behaviour is unwanted. If you feel safe and comfortable doing so, you could address the situation directly by telling them that their behaviour is inappropriate and needs to stop. You can do this verbally or in writing.
This step isn’t necessary for everyone, particularly if you don’t feel safe or the behaviour is severe. However, if you do choose to address it, make sure to document your conversation as part of your record.
Follow Company Procedures
Most employers have a grievance procedure for dealing with workplace issues including harassment. You should follow your employer’s procedure to raise the issue formally. This might involve:
Writing a formal complaint to your manager, HR or designated person within the company.
Providing the details of the harassment including your written record of the incidents.
Requesting that the matter be investigated and addressed.
Employers are legally obligated to take all complaints of harassment seriously, investigate them and take appropriate action. If your company doesn’t have a formal procedure, you may want to ask for one to be implemented.
Seek Support from Colleagues or Trade Unions
If you are comfortable doing so, talk to colleagues who may have witnessed the harassment. They might be able to support your claims by providing witness statements or offering moral support. Additionally, if you are a member of a trade union, they can provide guidance and assist with the grievance process.
Escalate to an Employment Tribunal
If the harassment continues despite raising it with your employer or if you are not satisfied with the outcome of an internal investigation, you can escalate the matter. The next step is speak to an Employment Solicitor like us here at to consider your options (which include but aren't limited to negotiationg your exit or filing a claim with an Employment Tribunal).
Before making a claim, you are required to notify ACAS (Advisory, Conciliation and Arbitration Service). ACAS provides a free service that aims to help resolve disputes between employees and employers without the need for a Tribunal (early conciliation service). If conciliation fails or if you are still not satisfied, you can proceed to the Tribunal.
Take Legal Action for Harassment
If your employer fails to take appropriate action or if you are being harassed by your employer or a colleague due to a protected characteristic, you may have the right to pursue legal action.
Harassment related to discrimination is illegal under the Equality Act 2010. If you have experienced discriminatory harassment, you can claim compensation for emotional distress, loss of earnings and any other financial loss caused by the harassment.
Seek External Support
Experiencing harassment can have a significant emotional and psychological impact. It may help to talk to a counsellor or therapist to support your mental wellbeing during this stressful time. Additionally, support organisations such as ACAS and Citizen’s Advice Bureau can offer free advice on your rights and how to proceed.
Conclusion
There are various steps you can take if you are being harassed at work from following company grievance procedures to pursuing legal action through an Employment Tribunal.
Remember, your employer has a legal duty to protect you from harassment and there are systems in place to help you resolve the issue. Don’t hesitate to seek support and take action to protect your rights and wellbeing.
Call a specialist employment lawyer
Magara Law is an employment law firm in Bicester, Banbury, Reading and Paddington, London, and services clients nationwide.
For more information or to contact our employment law team at Magara Law, call 01869 325 883 or email roy@magaralaw.co.uk.