I wonder how I can handle complaints about harassment?

Complaints involving harassment are among the most sensitive and high-risk issues for employers to manage. They engage legal duties, impact wellbeing and culture, and can quickly escalate if handled incorrectly. A complaint may involve employees, managers, agency staff, contractors, clients, or other third parties, and may relate to conduct that occurred in the workplace, at a work-related event, online, or through workplace communications.

This article explains what constitutes harassment, your duties and potential liability as an employer, and the practical steps to take from the first report to the final outcome. The aim is to help employers respond confidently, protect those involved, preserve evidence, and reach defensible decisions.

What is harassment?

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 for them. Protected characteristics include:

• Age
• Disability
• Gender reassignment
• Marriage and civil partnership
• Pregnancy and maternity
• Race,
• Religion or belief
• Sex and sexual orientation

Harassment can be a single serious incident or a pattern of behaviour. It can be verbal, non-verbal, written, visual or online. Power dynamics, context and the recipient’s perception are all relevant, alongside whether it was reasonable for the conduct to have that effect. Employers may want to check that their policies clearly define harassment and bullying with clear examples.

Harassment can be dealt with formally, using your disciplinary and grievance procedures, or informally, by having a conversation with the accused and ensuring the behaviour is managed. It is up to the victim of harassment to determine which route to take.

What are the key employer obligations?

Employers are under a duty to provide a safe working environment and to take reasonable steps to prevent harassment. Where harassment is connected to a protected characteristic, employers can be liable for their employees'actions. Employers must show that a “reasonable steps” approach has been taken to ensure they have done everything possible to prevent harassment in the workplace.

In practise, this may mean:

• up-to-date policies,
• regular training,
• prompt action on concerns, and
• enforcement.

These duties also extend to agency workers, contractors and other business engagements.

How could employers respond?

When a complaint arises, act promptly, proportionately and with empathy. The following steps will help you manage risk and support fair outcomes:

• Triage and safety: Assess immediate risk, separate parties if needed, and signpost wellbeing support.
   
• Preserve confidentiality and records: Acknowledge receipt, explain the process, keep clear contemporaneous notes, and preserve relevant documents and messages.
   
• Choose the route: Decide between informal resolution (where appropriate and genuinely voluntary) and a formal investigation; consider whether temporary adjustments or suspension are necessary. This could always be discussed with the victim.
   
• Investigate fairly: Set terms of reference, appoint an impartial investigator, interview the complainant, respondent and witnesses, gather evidence proportionately, and keep to reasonable timescales.

What are the legal risks?

Mishandling harassment complaints carries significant legal and commercial exposure:

• Tribunal claims: Risk of discrimination, harassment, victimisation, unfair dismissal, and constructive dismissal claims, with uncapped compensation for discrimination if you are shown not to have dealt with harassment properly.
   
• Reputational harm: Public scrutiny, media interest, and damage to culture can affect recruitment, retention, and customer relationships if harassment is not dealt with efficiently.
   
• Employee relations and operational disruption: Low morale, increased absence and turnover, and reduced productivity where trust in processes is lost.

Summary

Harassment complaints require prompt, fair and proportionate action. Clear policies, regular training and visible leadership set the tone, while careful triage, balanced investigation and appropriate outcomes reduce risk and support a respectful workplace. By planning your process, documenting decisions, protecting confidentiality and preventing retaliation, you can manage legal exposure and maintain business performance.

Further Advice

If you have any queries on dealing with harassment in the workplace or any other employment-related matters, our Peace of Mind Team is here to provide expert guidance. Our Document Audit Team can also assist in drafting relevant workplace policies.

Contact our Employment Team by emailing employment@warnergoodman.co.uk or calling 023 8071 7717.

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