You Are Being Harassed at Work by a Colleague
Harassment by a colleague related to a protected characteristic is unlawful under the Equality Act 2010. Your employer may be vicariously liable. A grievance followed by ACAS Early Conciliation and an ET claim are the primary routes.
Quick Answer
Harassment related to a protected characteristic (such as sex, race, disability, or sexual orientation) is prohibited by Equality Act 2010 s.26. Your employer is vicariously liable for a colleague's harassment unless it can show it took all reasonable steps to prevent it (s.109). You should raise a formal grievance; if unresolved, contact ACAS and bring an Employment Tribunal claim within three months less one day of the last act of harassment.
Full Explanation
The Equality Act 2010 s.26 defines harassment as unwanted conduct related to a protected characteristic that has the purpose or effect of violating the claimant's dignity or creating an intimidating, hostile, degrading, humiliating, or offensive environment. The protected characteristics for harassment purposes are age, disability, gender reassignment, race, religion or belief, sex, and sexual orientation.
Section 109 of the Equality Act imposes vicarious liability on employers for acts of discrimination and harassment committed by employees in the course of their employment, whether or not the employer knew or approved of the conduct. The employer has a statutory defence if it can show it took all reasonable steps to prevent the unlawful act — this is why having and enforcing an anti-harassment policy is important. If the employer has no policy, or failed to act on previous complaints, the defence will rarely succeed.
The first practical step is to keep a detailed written log of every incident — date, time, location, what was said or done, any witnesses, and the impact on you. This record will be essential evidence in any grievance or Tribunal proceedings. Where possible, preserve electronic evidence such as emails or messages.
Raise the matter with your employer under the grievance procedure, first informally and then formally if the informal approach does not resolve it. If the harasser is a manager, raise it with a more senior manager or HR. Your employer is required to investigate the grievance and to respond. Failure to follow the ACAS Code of Practice on Disciplinary and Grievance Procedures may result in a 25% uplift in any Tribunal award.
If the grievance does not resolve the situation, contact ACAS to start Early Conciliation — this is a mandatory prerequisite to an ET1 claim. The time limit for Equality Act claims is three months less one day from the last act of harassment (or from the end of a continuing course of conduct). This is a hard limit — missing it will usually bar your claim unless exceptional circumstances apply.
Legal Basis
- §Equality Act 2010 s.26 — Harassment
- §Equality Act 2010 s.109 — Liability of employers and principals
- §ACAS Code of Practice on Disciplinary and Grievance Procedures
- §Employment Tribunals Act 1996 — Jurisdiction
What To Do
Keep a Written Log of Every Incident
Record every incident of harassment with as much detail as possible — date, time, location, exact words used or conduct described, witnesses present, and the impact on you. Store this securely. The log is your primary evidence.
Raise the Matter Informally First
If you feel safe doing so, raise the matter with the colleague directly or ask a manager or HR to facilitate an informal conversation. Many workplaces prefer to resolve harassment complaints without a formal process if possible. Document any attempt at informal resolution.
Submit a Formal Written Grievance
If informal steps do not resolve the matter, submit a formal written grievance to your employer's HR department or a senior manager, setting out the incidents, the protected characteristic involved, and the impact on you. Your employer must investigate and hold a grievance meeting within a reasonable time.
Contact ACAS for Early Conciliation
If the grievance outcome is unsatisfactory, contact ACAS to start Early Conciliation before submitting an ET1 claim. ACAS will attempt to facilitate a settlement. The EC period pauses the limitation period for up to one month.
Submit an ET1 Claim to the Employment Tribunal
If Early Conciliation does not resolve the matter, submit an ET1 claim within three months less one day of the last act of harassment. Include your ACAS EC reference number. The Tribunal can award compensation for financial loss, injury to feelings, and (in serious cases) aggravated damages.
Important Deadlines
Important Warnings
The three-month time limit is strict — if you are close to it, contact ACAS for Early Conciliation immediately rather than waiting for your grievance to conclude.
If your health is affected by the harassment, consider a GP visit and keep medical evidence — this can support an injury to feelings award.
If the harassment is so severe that it amounts to a criminal offence (for example, threatening behaviour or stalking), you may also report it to the police.