Workplace harassment is not just a personal issue; it is a serious legal and cultural concern for UK employers. The law recognises that harassment, whether blatant or subtle, undermines employee dignity and creates unsafe work environments. With legal changes to the Equality Act 2010 taking effect from 26 October 2024, including a new “preventative duty” to tackle sexual harassment, employers must go beyond reactive measures. They must take visible, proactive steps.
Kingfisher Professional Services supports organisations with tailored advice and practical resources to meet these obligations and build a workplace where everyone feels safe, respected, and heard.
Understanding Harassment under UK Law
Legal Definitions
The Equality Act 2010 defines harassment as unwanted conduct related to a protected characteristic, such as age, race, religion or sex, that has the purpose or effect of either violating someone’s dignity or creating an environment that is intimidating, hostile, degrading, humiliating or offensive.
The law recognises three types of harassment:
- Conduct related to a protected characteristic, such as racist or sexist remarks.
- Sexual harassment, including unwanted touching, suggestive comments, or lewd messages.
- Less favourable treatment, where an employee is treated badly because they rejected or submitted to harassment.
Even if the person did not intend harm, the impact of their behaviour matters. A one-off incident may legally qualify as harassment if its effect is sufficiently serious.
Harassment that falls outside the Equality Act, such as stalking or persistent verbal abuse, may still be covered by the Protection from Harassment Act 1997, which prohibits behaviour causing alarm or distress.
Harassment vs Bullying
Though often used interchangeably, harassment and bullying are distinct. Harassment is defined in law and linked to protected characteristics. Bullying is broader, often involving offensive or intimidating behaviour that may not relate to protected traits.
While bullying is not explicitly prohibited by UK law, it can form the basis for legal claims such as:
- Breach of contract, particularly where it damages trust and confidence.
- Constructive dismissal, where bullying forces an employee to resign.
ACAS defines bullying as behaviour that is “offensive, intimidating, malicious or insulting”, employers should treat it with equal seriousness.
1.3 Third-Party and Non-Verbal Harassment
Employers’ responsibilities extend beyond direct employee interactions. Harassment can also come from third parties, such as customers, patients, suppliers or visitors.
UK tribunals have recognised that even non-verbal conduct (e.g., sustained eye-rolling, sighing or body language) can legally qualify as harassment, especially if repeated or occurring in a context of power imbalance. The key test is whether the conduct created a hostile, degrading, or humiliating environment.
The “Preventative Duty” and Recent Legal Changes
What is the Preventative Duty?
Under the Worker Protection (Amendment of Equality Act 2010) Act 2023, a new legal duty comes into force on 26 October 2024. Employers will be required to take reasonable steps to prevent sexual harassment before it happens.
This is a shift from the traditional focus on responding to complaints after harm occurs. It introduces a higher bar for accountability and proactive leadership. Employers who fail to meet this duty may face:
- A 25% uplift in compensation awarded by an Employment Tribunal.
- Investigations or enforcement by the Equality and Human Rights Commission (EHRC).
Broader Legal Reforms and Future Trends
The UK government continues to examine workplace rights more broadly. Current proposals include:
- Banning non-disclosure agreements (NDAs) that silence victims of harassment or discrimination.
- Making it automatically unfair to dismiss employees who speak out about workplace misconduct.
At the same time, courts are grappling with how to balance freedom of expression, such as religious or philosophical beliefs, with protection from harassment. Employers must stay informed and regularly review policy boundaries.
Preventing Harassment: Best Practices for UK Organisations
Strong, Inclusive Policies
Your first line of defence is a clear, well-communicated anti-harassment policy. It should:
- Define what constitutes harassment and outline protected characteristics.
- Emphasise a zero-tolerance stance.
- Provide realistic examples tailored to your sector (e.g., inappropriate jokes in hospitality, power dynamics in education).
- Address third-party harassment and disciplinary consequences.
The policy must be accessible, regularly reviewed, and supported by leadership at all levels.
Risk Assessment & Workplace Culture
Conducting a risk assessment helps you pinpoint situations where harassment is more likely, such as lone working, off-site events with alcohol, or male-dominated teams.
Once identified, you can implement practical safeguards:
- Enhanced supervision and presence in high-risk areas.
- Codes of conduct for events or shared spaces.
- Clear escalation processes for early intervention.
Culture is just as important. Employers should foster a climate of respect, inclusion and psychological safety.
Training & Engagement
Training is most effective when tailored and interactive. One-size-fits-all courses often miss the mark. Instead:
- Deliver role-specific sessions, for example, line managers need to know how to respond to concerns and document issues appropriately.
- Raise awareness of less visible behaviours, such as passive-aggressive body language or repeated exclusion.
- Build active bystander skills to empower colleagues to challenge behaviour safely and constructively.
Reporting, Investigation & Support
Employees must feel safe reporting harassment, knowing they will be taken seriously.
Set up:
- Clear, confidential reporting channels.
- A fair, impartial investigation process that follows procedural fairness.
- Access to support services, such as Employee Assistance Programmes (EAPs), occupational health, and external legal advice if needed.
Trust is earned. How a complaint is handled can affect morale, retention, and organisational reputation.
Monitoring, Evaluation & Learning
Harassment prevention is not a tick-box exercise: it requires continual attention. Employers should:
- Review data from complaints, staff feedback and exit interviews.
- Regularly evaluate the impact of policies and training.
- Make necessary adjustments and demonstrate improvement.
Open dialogue, transparency, and evidence-based reviews show your commitment to continuous learning and culture change.
How Kingfisher Supports You
Kingfisher Professional Services offers a suite of end-to-end HR and legal compliance solutions to strengthen your approach to workplace harassment prevention and response:
- Harassment Prevention Training: We deliver practical, scenario-based sessions for managers and staff, equipping them with the tools to spot, stop and report inappropriate behaviour before it escalates. Our training covers subtle forms of harassment, third-party risks, and bystander intervention strategies.
- Policy & Procedure Development: Our consultants help you build clear, inclusive anti-harassment policies tailored to your organisation’s culture, structure and sector – ensuring alignment with the latest legal requirements, including the preventative duty.
- Compliance & Risk Management: Benefit from document templates, policy reviews, and audit-ready reporting systems that help you assign responsibilities, track concerns, and demonstrate reasonable steps to regulators or tribunals.
- 24/7 Consultancy Access: Whether you are responding to a formal grievance or preparing for a staff briefing, our on-demand access to HR and legal professionals means expert support is always within reach.
With Kingfisher’s help, your organisation can move beyond box-ticking and towards a culture of prevention, confidently fulfilling your legal duties and creating a safer, more respectful environment for all.
Conclusion
The legal and moral imperative to prevent harassment at work has never been clearer. As the UK introduces a new preventative duty on sexual harassment, employers must take meaningful, proactive steps to protect their teams.
This means more than just policies; it demands leadership, education, open communication, and a culture where everyone feels safe to speak up.
Kingfisher Professional Services is here to help you meet these duties with confidence. Our expert team delivers legal compliance, policy clarity, and workplace support tailored to your needs, so your people feel protected, and your business stays on the right side of the law. Feel protected, and your business stays on the right side of the law.