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Harassment definition

What does Harassment mean? Harassment describes unwanted behaviour that violates a worker’s dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment, including sexual harassment, by an employer, colleague or others encountered at work. In England & Wales and Scotland, the Equality Act 2010 defines harassment as unwanted conduct related to a protected characteristic, or of a sexual nature, and includes less favourable treatment because a person rejected or submitted to such conduct. Employers are vicariously liable for acts of employees unless they took reasonable steps to prevent them, and must take reasonable steps to prevent sexual harassment. Remedies in the employment...

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Harassment and Stalking: Offences, Elements, Defences, Sentencing, Restraining Orders and Stalking Protection Orders under the Protection from Harassment Act 1997 (England and Wales)

Practice notes
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The basic offences of Harassment under section 1(1) and 1(1A) of the Protection from Harassment Act 1997 (PHA 1997) can only be tried summarily. For the aggravated offence, see Practice Note: Intentional harassment, alarm or distress. For guidance on civil remedies available to victims, see Practice Note: Applications under the Protection from Harassment Act 1997.

The elements of the basic offences

For an offence under PHA 1997, section 1(1), the prosecution must establish that the defendant:

  • pursued a course of conduct that amounted to harassment of another person
  • and knew, or ought to have known, that this conduct amounted to harassment of that person

For an offence under PHA 1997, section 1(1A), the prosecution must establish that the defendant:

  • pursued a course of conduct involving the harassment of two or more individuals
  • and knew, or ought to have known, that the conduct involved harassment of those individuals; and
  • intended by that conduct to persuade any person either not to do something they are entitled or required to do, or to do something they are not obliged to do

The defence of Insanity is available to a defendant charged with harassment...

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Web page updated on 21/05/2026

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