Clare and Catherine’s article was published in HRM Guide, 27 April 2026 and can be seen here.
Clare Brennan, Partner in our Corporate and Commercial department and Catherine Gage, Associate in our Charity department, outline the legal framework around harassment in the workplace, as set out in this HRM Guide article.
The article explains that harassment is defined as unwanted conduct that violates a person’s dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment. Under UK law, harassment is closely linked to protected characteristics such as age, disability, race, religion or belief, sex and sexual orientation, and can take many forms, ranging from overt misconduct to more subtle behaviours.
It highlights that harassment does not need to be intentional or repeated to be unlawful. A single incident may be sufficient if its effect is serious enough, and conduct may still amount to harassment even where there was no intention to cause offence. The focus is on the impact of the behaviour on the recipient rather than the motivation behind it. Harassment can also occur through emails, phone calls and other work‑related communications, not just face to face.
The article also addresses employers’ legal responsibilities to prevent and deal with harassment. Employers may be held vicariously liable for acts of harassment committed by their employees unless they can demonstrate that they took reasonable steps to prevent such behaviour. This underscores the importance of well‑drafted policies, staff training, and clear reporting and investigation procedures.
Finally, the article emphasises that tackling harassment is not only a matter of legal compliance, but also of good governance and workplace culture. Organisations that take a proactive approach are better placed to foster respectful working environments, support staff wellbeing and minimise the risk of disputes and reputational damage an issue of particular importance for charities and not‑for‑profit organisations.
Read the full article on the HRM Guide website, [external link].