Harassment at work: what are my options?
Since October 2024, employers have had a legal duty not just to deal with harassment when it’s reported, but to take reasonable steps to prevent it from happening in the first place. From 30th October 2026, the law is changing, placing greater onus on employers to prevent harassment at work.
So, if you’re subject to workplace harassment, what are your options? Samantha Castle, employment law Partner, explains what you can do if you’re facing harassment at work.
Changes to the law from October 2026
From 30th October 2026, the law is getting stricter around sexual harassment (under the Employment Rights Act 2025), and the requirement is on employers to take all reasonable steps to prevent sexual harassment. This higher standard means employers must prove there was nothing further they could have done.
Employers will also be required to take all reasonable steps to ensure harassment of employees by a third party (such as a client or customer) is not permitted, i.e. in respect of ‘third party harassment’. This change covers all types of harassment under the Equality Act 2010, including sexual harassment and harassment related to a protected characteristic, apart from:
- Pregnancy and maternity
- Marriage and civil partnership
I’ve been harassed at work – what can I do?
If you’re being harassed at work, here are three things you should try before thinking about legal action.
1. Speak to your manager
Ask to arrange a private chat with them and set out how you’re being harassed. Explain what you want to happen as a result. If a particular colleague is giving you grief, anything ranging from a quiet word to a formal warning may be enough to make them stop. Particularly serious instances of harassment may merit suspension or even dismissal. Your employer will have to make a careful judgement on this.
If you aren’t comfortable speaking to your manager about it (especially if they’re the one harassing you), contact your HR department instead.
2. Raise a formal complaint
After raising your concerns informally, hopefully the harassment you’re experiencing should stop. If it doesn’t, the next step is to raise a formal complaint through your employer’s grievance procedure. This should be available in your employee handbook, but you may need to ask for it if not.
Grievance procedures are often complex and jargon-heavy documents, so if you need some assistance navigating them, it may be worth getting some initial advice from an employment solicitor.
3. Keep a written record
Whoever you speak to, try to make a written record during or after the meeting, including any actions agreed, and send them a copy so that you have a mutual point of reference about what was discussed if you need it. It’s worth keeping a copy at home for your personal records as well.
If you’re part of a trade union, you can ask your trade union representative for informal support and guidance through this process.
Your employer’s legal duty to prevent harassment
If your employer hasn’t taken all reasonable steps to prevent harassment, an employment tribunal can increase any compensation awarded to you by up to 25%.
From 30th October 2026, this duty gets stronger still. Employers will need to take all reasonable steps, not just reasonable ones, and will also become liable for harassment by third parties, such as customers, clients, or contractors, if they haven’t taken reasonable steps to prevent it.
There’s also stronger protection if you speak up. Since April 2026, raising a concern about sexual harassment counts as a protected disclosure under whistleblowing law. That means you’re protected from being disciplined, treated unfairly, or dismissed for reporting it, separately from and in addition to your rights under discrimination law.
Employment tribunal action
If alternative methods of resolving an employment dispute have failed, starting legal action against your employer may be your only option. This is particularly true if you’ve been forced out of your job by harassing behaviour, or if you’ve been dismissed because you raised your concerns internally.
If you’re still in your job, an employment tribunal can order your employer to improve your working conditions – in other words, to make sure the harassment stops. If you’ve been forced out, the employment tribunal can give you your job back in some instances or award you compensation in others.
You’re eligible for compensation if you’ve been unfairly dismissed (because of complaining about harassment) or constructively dismissed – for example, where you’ve felt forced to leave because of continued harassment.
Because harassment is usually in relation to a personal characteristic such as gender or race, tribunals are within their rights to consider it discrimination, meaning the compensation they could then award you is uncapped.
If you think you’ve been harassed at work, it’s important to act swiftly. Tribunal claims are normally limited to three months after the event, which isn’t much time at all.
Contact our workplace harassment solicitors
For legal advice about harassment in the workplace, or any other employment law matter, our team of employment solicitors are on hand to help.
To speak to an employment lawyer with experience in workplace harassment claims, call 0117 325 29 29 or complete our online contact form.
