Handling Harassment in the Workplace: Legal Advice for Employers

Understanding Employer Rights

Harassment in the Workplace can have serious consequences for both employees and employers. Left unaddressed, it can lead to a toxic work environment, high staff turnover, reputational damage, and legal claims. As an employer, it is your responsibility to prevent workplace harassment, respond appropriately to complaints, and ensure compliance with UK employment law.

This article offers practical legal advice on handling workplace harassment, helping you protect your employees and your business.

What Is Harassment in the Workplace?

Harassment in the workplace is defined under the Equality Act 2010 as unwanted conduct related to a protected characteristic (such as age, race, sex, disability, religion or belief, sexual orientation, or gender reassignment) that violates a person’s dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment.

Harassment can be:

• Verbal (e.g. offensive jokes or comments)
• Physical (e.g. unwanted touching or aggressive behaviour)
• Visual (e.g. displaying offensive images)
• Digital (e.g. emails or messages that are inappropriate)

Even if the harassment is not intended to cause harm, it may still be unlawful if the behaviour has that effect on the recipient.

Employer Responsibilities Around Harassment in the Workplace

Employers have a legal duty to prevent workplace harassment and to deal with it effectively when it occurs. Failing to take appropriate steps may result in claims being brought against the company, even if the harassment was carried out by another employee.

Your responsibilities include:

• Taking reasonable steps to prevent harassment from occurring
• Creating and maintaining a safe and respectful working environment
• Investigating complaints fairly and promptly
• Disciplining or managing employees who harass others
• Keeping clear records of complaints and how they are resolved

Employers may be held vicariously liable for acts of harassment carried out by their employees unless they can show they took all reasonable steps to prevent such behaviour.

Creating a Harassment-Free Culture

One of the most effective ways to avoid issues of harassment in the workplace is to foster a workplace culture built on mutual respect, inclusivity, and professionalism.

To achieve this:

• Develop and communicate a clear anti-harassment policy
• Ensure all staff understand what behaviour is considered harassment
• Provide regular training to employees and managers
• Lead by example—senior staff should model appropriate conduct
• Encourage open communication and early reporting of concerns

Creating a proactive, prevention-focused environment makes it easier for staff to speak up and for managers to deal with issues before they escalate.

Responding to Complaints of Workplace Harassment

When a complaint of workplace harassment is raised, it must be taken seriously, regardless of whether it is formal or informal.

A legally sound response includes:

• Acknowledging the complaint and confirming next steps
• Ensuring confidentiality throughout the process
• Carrying out a prompt and impartial investigation
• Giving all parties the opportunity to share their version of events
• Taking action where necessary, which may include disciplinary procedures
• Keeping a clear record of findings and decisions

Failure to handle complaints properly can lead to further legal issues, such as constructive dismissal or discrimination claims.

Conducting a Workplace Harassment Investigation

A robust investigation process is crucial in resolving allegations of workplace harassment fairly. It also demonstrates that you, as an employer, have taken your responsibilities seriously.

Key points for a compliant investigation:

• Appoint an impartial and suitably trained investigator
• Interview the complainant, alleged harasser, and any relevant witnesses
• Review all available evidence, including written communications or CCTV
• Avoid making assumptions—base findings on facts
• Keep the investigation timely, ideally concluding within a few weeks

At the end of the investigation, a clear report should be written with recommendations for any next steps. This could include disciplinary action, mediation, or training.

Dealing with the Outcome of a Harassment Complaint

If the investigation confirms that harassment in the Workplace has occurred, decisive action must be taken. Depending on the severity of the behaviour, possible outcomes may include:

• A formal warning
• Reassignment of the harasser
• Mandatory training or counselling
• Suspension or dismissal in serious cases

It’s important to apply outcomes consistently across the organisation to avoid claims of bias or discrimination.

If the complaint is not upheld, it may still be appropriate to offer support to both parties and review whether team dynamics or communication policies need improvement.

Protecting the Complainant from Victimisation

Employees who raise concerns about workplace harassment are protected from victimisation under UK law. Victimisation occurs when someone suffers a detriment (e.g. being dismissed, demoted, or ostracised) because they made or supported a complaint.

As an employer, you must:

• Monitor the complainant’s treatment after the investigation
• Intervene promptly if retaliation occurs
• Reinforce policies around dignity and respect
• Offer appropriate support such as counselling or changes to working arrangements

Taking steps to protect whistleblowers encourages trust in your processes and helps prevent further claims.

Keeping Policies and Procedures Up to Date

Employment law evolves, and so do expectations around appropriate workplace behaviour. Regularly reviewing your policies and practices helps ensure they remain fit for purpose.

At a minimum, your anti-harassment policy should:

• Define what constitutes harassment in the workplace
• Explain how to report concerns
• Outline the investigation process
• Detail possible disciplinary outcomes
• Include a commitment to confidentiality and non-retaliation

Update policies in line with legislative changes and feedback from employees to keep them relevant and effective.

Ongoing Legal Support for HR and Management

While training and internal policies go a long way in managing workplace harassment, complex or high-risk situations often require legal insight.

Catherine Herries-Smith Solicitors can act as an extension of your HR team, offering clear and practical legal advice to help employers manage investigations, reduce risk, and resolve disputes confidently.

From policy reviews to support during grievance processes or disciplinary hearings, we are here to ensure your business remains compliant and protected.

These Articles May Also Interest You:

How to Protect Your Business from Unfair Dismissal Claims

The Importance of Workplace Investigations in Employment Disputes

Understanding Discrimination Claims: A Guide for Employers

Take a Proactive Approach to Harassment in the Workplace

Dealing with workplace harassment requires more than reacting to complaints—it’s about creating a culture where respect is non-negotiable, issues are addressed promptly, and legal obligations are met at every stage.

By taking your responsibilities seriously, investing in prevention, and seeking expert support when needed, you protect not only your employees but your business as a whole.