Harassment and victimisation at work

If things got worse after you complained, that is a separate claim. It frequently succeeds where the original complaint does not — because the connection between complaining and what followed is usually much easier to demonstrate than the discrimination itself.

Harassment

Unwanted conduct related to a protected characteristic which has the purpose or effect of violating your dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment.

Four things follow from how that is worded, and each of them works in your favour:

Purposeoreffect. Intention is not required. If the conduct had that effect, it does not matter that nobody meant it. “It was a joke” describes the intention and answers nothing.

“Related to” is wider than “because of”. The conduct does not have to be directed at you, and it does not have to be about your own characteristic. Racist remarks about a third party made in your presence can amount to harassment of you.

The test accounts for your perception, along with the other circumstances and whether it is reasonable for the conduct to have had that effect. Your reaction is part of the assessment rather than something to be argued away.

One incident can be enough if it is serious enough.

There is also sexual harassment — unwanted conduct of a sexual nature — and less favourable treatment because you rejected or submitted to it.

Victimisation — the claim people miss

Being subjected to a detriment because you did a protected act, or because your employer believes you may.

A protected act includes bringing proceedings, giving evidence, making an allegation of discrimination, or doing anything else under the Equality Act. Raising a grievance about discrimination is a protected act. So is supporting a colleague’s complaint.

The detriment can be almost anything that puts you at a disadvantage: exclusion from meetings or projects, a sudden change in how your work is assessed, a disciplinary process, being passed over, informal isolation, or a reference that is accurate but notably cooler than it would have been.

Why it is often the stronger claim. The original discrimination may be contested, historic, and hard to evidence. The victimisation happened recently, follows the complaint closely in time, and is usually documented — because the employer’s reaction generates emails, meetings and process. And critically: victimisation succeeds even if the original complaint fails, provided the allegation was made in good faith.

Nobody arrives at our office intending to bring a victimisation claim. A significant number of people leave with one.

Two changes that strengthen the position

Since April 2026, sexual harassment is a qualifying disclosure for whistleblowing purposes, so a complaint about it may attract whistleblowing protection as well — which is uncapped and has no qualifying period.

From 30 October 2026, employers must take all reasonable steps to prevent sexual harassment, raised from “reasonable steps”, and are liable for harassment by third parties such as clients, customers and members of the public. Where that duty has been breached in a sexual harassment claim, a tribunal can increase compensation by up to 25%.

The practical effect of the higher standard: an employer now has to show that no reasonable step was left untaken. A policy and an annual training module will frequently not be enough.

What to do now

Write things down, dated, as they happen. Contemporaneous notes are worth far more than a recollection assembled later.

Keep copies outside work systems — but take advice on what you can properly retain. Removing confidential documents can itself be a breach and can damage a good case.

Put the complaint in writing and use the word “discrimination” where that is what you are alleging. It makes the protected act unambiguous, which matters if there is a victimisation claim later.

Note what changes afterwards, and when. The timeline is usually the evidence.

What a claim is worth

No cap. Financial loss plus injury to feelings under the Vento bands — £1,300 to £12,600 (lower), £12,600 to £37,700 (middle), £37,700 to £62,900 (upper), and beyond in exceptional cases — with the 25% uplift available in sexual harassment claims where the preventative duty has been breached.

Harassment claims often sit in the middle or upper bands because the conduct is typically sustained rather than isolated.

Time limits

Three months less one day currently, rising to six months from 1 October 2026 for acts on or after that date, with Acas conciliation first. Where there is a course of conduct, time generally runs from the last act — which is why claims that look out of time often are not.

Questions

Questions people ask us

I complained and now I am being managed out. Is that a claim?

Very likely victimisation, which is a claim in its own right. It does not depend on the original complaint succeeding, only on the complaint having been made in good faith.

What if my discrimination complaint was wrong?

Provided it was made in good faith, you are still protected from victimisation. An employer cannot punish you for a complaint that turned out to be mistaken.

They said it was banter. Does that matter?

Not much. Harassment is judged on purpose or effect, with regard to your perception and whether it was reasonable for the conduct to have that effect.

The comments were not about me. Can I still claim?

Yes. Conduct “related to” a protected characteristic need not be directed at you or concern your own characteristic. Offensive remarks about others made in your presence can amount to harassment of you.

A customer harassed me, not a colleague. Is my employer liable?

From 30 October 2026, potentially yes, where the employer has not taken all reasonable steps to prevent it. Third-party harassment is now within the preventative duty.

Should I resign?

Take advice first. Resigning may give rise to a constructive dismissal claim, but it may also weaken your position, and the order in which things are done matters a great deal. It is the decision most worth a conversation before making.

The hub

Equality Act 2010 →

Also in this area

Race discrimination at work →

Also in this area

Disability discrimination and reasonable adjustments →

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