What Legislation Protects You from Harassment in the Workplace?

Workplace harassment can impact an employee's mental health, job satisfaction and overall productivity. On a larger scale, it can also create a hostile work environment. In the UK, there are four main legislative acts in place to safeguard employees from harassment, reduce workplace discrimination and help to create a safe and respectful working environment. These laws also aim to create clear avenues for seeking redress from bullying behaviour.

Equality Act 2010

The Equality Act 2010 is a comprehensive piece of legislation that consolidates and strengthens previous anti-discrimination laws. It specifically prohibits harassment related to any of these seven protected characteristics:

• Age
• Disability
• Gender reassignment
• Race
• Religion or belief
• Sex
• Sexual orientation

Under this act, harassment is defined as “creating an unwanted conduct that has the purpose or effect of violating an individual's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment”. The Equality Act 2010 requires employers to take reasonable steps to prevent harassment and discrimination. This includes implementing effective policies, providing training and promptly addressing any complaints. If an employer fails to take adequate measures, employees may have the right to make a claim to an employment tribunal.

Health and Safety at Work etc. Act 1974

The Health and Safety at Work etc. Act 1974 places a general duty on employers to safeguard, as far as is reasonably practicable, the health, safety and welfare of their employees at work. This duty extends beyond physical safety and includes protecting employees from psychological harm caused by workplace harassment or bullying.

The act requires employers to carry out risk assessments and implement measures to prevent or manage risks associated with workplace harassment. This includes creating a safe environment where employees feel able to report any concerns about harassment without fear of retaliation. Employers must also provide appropriate training and support to both managers and staff to help them recognise and address harassment issues. Failure to comply with these obligations can lead to enforcement action by the Health and Safety Executive or local authorities, including fines and prosecutions.

Protection from Harassment Act 1997

The Protection from Harassment Act 1997 was initially introduced to address stalking but has since been applied more broadly to cover harassment in various contexts, including in the workplace. The act provides protection against any form of conduct that amounts to harassment, whether it is physical, verbal or psychological. It makes it unlawful for a person to engage in behaviour that constitutes a "course of conduct" which they know, or ought to know, would cause another person alarm or distress. This can include repeated unwanted contact, threatening behaviour, bullying or any actions that create an intimidating or hostile environment.

In a workplace setting, the Protection from Harassment Act 1997 can be specifically used to defend employees from persistent forms of harassment that may not necessarily be related to a protected characteristic under the Equality Act 2010. As such, it addresses a broader range of harmful behaviours that can occur in the workplace. For example, it can be applied to cases where an employee is subjected to ongoing bullying, intimidation or aggressive behaviour by a colleague or manager that causes them significant stress or anxiety, but which is not related to their identity or any protected characteristics.

Worker Protection (Amendment of Equality Act 2010) Act 2023

The Worker Protection (Amendment of Equality Act 2010) Act 2023 strengthens the existing provisions of the Equality Act 2010 by placing a more explicit duty on employers to prevent third-party sexual harassment and creates a framework for mandatory preventative measures.

Under the 2023 amendment, employers must take all reasonable steps to protect employees from sexual harassment in the workplace, particularly from third parties and whether it originates from clients or visitors.

Previously, the Equality Act 2010 offered some level of protection against third-party harassment, but it did not explicitly mandate the actions employers needed to prevent sexual harassment. The Worker Protection Act 2023 now clearly requires employers to conduct regular risk assessments to identify potential risks of harassment, implement comprehensive anti-harassment policies and provide training specifically designed to prevent harassment by third parties, particularly harassment of a sexual nature.

Although the Worker Protection Act 2023 was a welcome change for many, the current Labour government has proposed to strengthen protection against sexual harassment. The proposal will include the duty to take ‘all reasonable preventative’ steps to prevent sexual harassment, and introduce an obligation for employers to not permit harassment of their employees by third parties.

The Bill has not yet been enacted; it is expected that this will take some time, as this will need to be consulted upon and read in the House of Parliament and the House of Lords before it receives Royal Assent.

What Is Classed as Harassment?

Harassment can take many forms, including verbal, non-verbal or physical abuse. Examples of harassment could include inappropriate comments, jokes, gestures, physical contact and even online or digital communication. Importantly, harassment does not have to be directed specifically at the person who feels harassed; it can also include witnessing behaviour that causes distress.

The Protection from Harassment Act 1997 provides a different basis for claims of harassment, as it defines harassment as repeated behaviour that causes alarm or distress. This can apply both within and outside the workplace and may cover actions such as persistent and unwanted contact, stalking or bullying.

What Action Can I Take if I Have Experienced Harassment?

If you believe you are experiencing harassment at work, there are several steps you can take to address the situation:

1. Document the harassment: keep a record of all incidents of harassment. Include details such as dates, times, locations, what was said or done, and any witnesses. This documentation will be critical if you need to escalate your complaint.
2. Review your employer’s policies: most workplaces will have an anti-harassment or grievance policy in place. Familiarise yourself with these procedures to understand how your employer is expected to handle complaints of harassment.
3. Raise the issue informally: in some cases, a direct conversation with the harasser or a discussion with your line manager or HR department can resolve the issue. An informal resolution might be the quickest way to stop the harassment.
4. File a formal grievance: if an informal approach does not work, consider filing a formal grievance with your employer. The grievance procedure should be set out in your employee handbook or contract of employment. Follow the process carefully to avoid procedural challenges.
5. Report to an external body: if your employer fails to take appropriate action, or if the harassment continues, you can report the matter to an external body such as the Advisory, Conciliation and Arbitration Service (ACAS). ACAS offers free advice and can help to mediate between you and your employer.
6. Seek legal action: if the issue is not resolved internally, you may need to take legal action. This could involve making a claim to an Employment Tribunal. It is crucial to seek legal advice before proceeding to ensure that you have a strong case and are within the statutory time limits, usually three months from the date of the last incident of harassment.

Legal Assistance and Advice

If you have experienced workplace discrimination and/or harassment, we can help you to resolve the issue, and potentially secure harassment claim compensation. Employment law is complex, and a solicitor who specialises in workplace harassment can help you understand the nuances of your case and the relevant legislation.

At JMW Solicitors, our team of workplace harassment experts are here to provide clear, compassionate, and pragmatic advice and help you make a harassment claim. We can guide you through the process of raising a grievance, represent you in negotiations with your employer, and support you in making a claim to an employment tribunal if necessary.

Our approach is tailored to your specific circumstances, which ensures that you receive the support and representation you need. If you have experienced harassment at work and need legal assistance, do not hesitate to contact JMW. We can help you explore all your options and take decisive action to protect your rights.

To speak to a solicitor today, contact us on 0345 872 6666, or fill in our online enquiry form and we will get back to you. We are committed to helping you navigate these challenging circumstances with confidence and clarity.