Kinds of Harassment in the Workplace

Harassment in the workplace comes in many forms and can cause serious harm to staff and your business. I’m John Bloor of EBS Law and I have supported employers facing complaints ranging from subtle unwanted remarks to full-scale bullying campaigns. By understanding the kinds of harassment in the workplace, employers, managers and business owners can act early and reduce risk

What are the Kinds of Harassment in the Workplace and Why It Matters

Under the Equality Act 2010, harassment is unwanted conduct related to a protected characteristic that has the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment.

It is important to note that harassment differs from general poor management or conflict. While bullying can be serious, it may not always engage those legal protections. Harassment is specifically tied to protected characteristics (such as age, sex, race, disability, religion or belief, sexual orientation, gender reassignment, pregnancy or maternity). Employers must also recognise that a single incident may qualify if it is severe enough.

When harassment is ignored or mishandled, the consequences include decreased morale, higher turnover, mental-health issues for staff, and legal claims, including discrimination and harassment claims at tribunal. Poor handling of what seemed “banter” can escalate into a full-blown harassment complaint.

Major Kinds of Harassment in the Workplace

Below are the most common kinds of harassment that employers need to understand and guard against. They may overlap and sometimes one incident will involve more than one type.

1. Discriminatory Harassment

This is harassment directed at someone because of a protected characteristic. For example, mocking someone’s religion, making derogatory comments about their age, refusing to promote someone because they are male or female or isolating someone because of their sexual orientation. Under the Equality Act 2010 the law is clear that such conduct is unlawful.

I encountered a case where a female employee alleged she was excluded from senior meetings and not given training opportunities after maternity leave. The employer assumed prior informal arrangements justified it, but the tribunal found it was indirectly discriminatory because of sex and maternity. It can be subtle. It is not always a slur or insult but it may be a pattern of exclusion, lack of support or less favourable treatment.

2. Sexual Harassment

Sexual harassment is unwanted conduct of a sexual nature, or conduct related to sex or gender reassignment that violates dignity or creates an offensive environment. This includes unwanted sexual advances, comments about someone’s appearance in a sexual way, unwelcome touching or sharing sexual content.

One employer I advised dismissed a complaint as “minor flirting” between colleagues. When the employee asked for dates and was told “you’re over-reacting”, the employer did little. The conduct escalated and ultimately the employee brought a claim. Because the employer lacked proper records and policy their defence was weak.

3. Bullying or Harassment Without a Protected Characteristic

Although not always legally labelled as “harassment” under the Equality Act unless a protected characteristic is involved, bullying or repeated intimidation can still lead to claims (such as constructive dismissal) and is relevant to employer duties.

This kind of harassment includes spreading rumours, excluding someone, giving them unrealistic deadlines, single-out criticism, deliberately undermining their work or isolating them socially. The risk is that the employer fails to act and the target resigns or suffers ill-health. While your primary focus should be on harassment tied to protected characteristics, you cannot ignore general bullying behaviour either.

4. Third-Party Kind of Harassment in the Workplace

This arises when the harasser is not an employee of your organisation, maybe a customer, client, contractor or visitor, but the conduct occurs in the context of employment. Employers may be liable for third-party harassment where they know or ought to know the risk and fail to take reasonable steps to prevent it.

For example, a frontline employee may be subjected to sexual or racial slurs from clients. If the employer has not trained staff, provided reporting routes or taken steps to address recurrent incidents, there may be liability. I once advised a retail business in which a regular supplier repeatedly made offensive comments to a member of staff. Although the supplier was not a direct employee, the business was still found to have inadequate safeguards.

5. Harassment Because of Disability or Mental Health

Harassment of someone because they have a disability (or are perceived to have one) falls within the Equality Act. It may take the form of ridiculing the person’s need for adaptations, ignoring requests for support, making jokes about their impairment or denying them certain opportunities. Because disability is a protected characteristic, this type of harassment is unlawful.

I acted for an employer who failed to provide reasonable adjustments for a disabled employee and then dismissed the complaint as a “poor attitude”. The tribunal found harassment and discrimination, awarding significant compensation. Employers should review their policies, ensure adjustments are in place and respond to complaints promptly.

6. Harassment Related to Pregnancy and Maternity or Family Responsibilities

Harassment linked to pregnancy and maternity is protected under the Equality Act. Comments such as “you’ll never be committed with kids” or excluding someone because they might take maternity leave fall into this category.

In one troubling case a pregnant employee found herself excluded from key projects because the manager assumed she would soon be off. The employer attempted to justify it on performance grounds, but the context suggested the real reason was pregnancy. It resulted in a claim and the employer’s absence of records left them vulnerable.

7. Harassment Relating to Age, Race, Religion, Sexual Orientation or Gender Reassignment

These characteristics are protected by the Equality Act. Harassment linked to them might include derogatory comments about someone’s age (“old timer”), jokes about religion in prayer time. Use of slurs based on sexual orientation or refusing to accommodate employees’ beliefs. These are especially high risk in diverse workforces.

One business I advised had two employees of different ages and the younger employee was given more accessible duties while the older was assigned “back-office” tasks without explanation. The older employee resigned citing the treatment and a tribunal found indirect discrimination and harassment linked to age.

Recognising Subtle Kinds of Harassment in the Workplace

Not all harassment is overt. Some behaviours may appear casual or informal, it may be “banter”, practical jokes, exclusion but the effect on the individual is harmful. A key principle is that the perception of the victim and the effect of behaviour matter, even if the perpetrator did not intend harm.

For instance, a senior manager might repeatedly ignore someone’s input in meetings. They might refuse to invite them to social gatherings, or make condescending comments in front of others. Although the manager may view this as “harmless” or “motivated by performance”, if the excluded employee belongs to a protected group and the effect is humiliating, it may amount to harassment.

The Impact of Harassment on Employees and Employers

Harassment can lead to absenteeism, low morale, high staff turnover, reputational damage and legal exposure. For the employer it also means damage to productivity and increased costs. I have seen cases where a chain of low-level behaviours was ignored until the individual suffered a mental breakdown and claimed constructive dismissal and harassment. The cost of dealing with a tribunal claim is far greater than the cost of early intervention.

How Employers Should Respond and Prevent Different Kinds of Harassment in the Workplace

Prevention is the best approach. Good policies, training and culture matter. Here is a structured approach:

• Draft and communicate a clear anti-harassment policy that defines unacceptable behaviours, outlines reporting routes and sets out how complaints will be investigated.
• Train managers and employees regularly on harassment, discrimination and bullying risks. Emphasise that even one-off incidents can be serious.
• Ensure confidential and accessible reporting mechanisms. Investigate promptly, fairly and thoroughly, with documentation.
• Audit your workplace culture and look for patterns — for example, repeated complaints about one manager or group, or a department where staff turnover is unusually high.
• Take action when harassment is upheld. This may include disciplinary action, mediation or changes to working arrangements.

When to Seek Specialist Legal Advice

If you receive a formal grievance alleging harassment, particularly involving protected characteristics, you should seek legal advice early. These issues can be complex and once formal proceedings begin the scrutiny is intense. I have seen employers try to handle sensitive allegations internally without external support, only to find they made procedural errors that weakened their defence.

Remember: harassment claims under the Equality Act may bring uncapped compensation. Employers therefore need to act proactively. At EBS Law we assist with policy drafting, investigations, manager training and tribunal defence. Don’t leave it until you are facing a claim.

Useful Resources on Our Site

• Workplace Bullying and Harassment Advice for Employers
• Preventing Workplace Harassment Legally
• Age Discrimination in the Workplace