Who can be held responsible for harassment at work
Vicarious liability doesn't stop at your employer's name. The colleague who harassed you, and anyone who pushed them into it or covered it up, can be named and held responsible too.
Your complaint doesn’t have to stop at your employer’s name. The law gives you more than one route to hold people accountable.
Your employer, even if they didn’t know
It doesn’t matter whether your employer knew or approved. They’re usually vicariously liable for harassmentUnwanted behaviour related to a protected characteristic, such as your sex, race, disability, age or religion, that violates your dignity or creates an intimidating, hostile or humiliating environment... by anyone acting on their behalf, staff, agents, or contractors alike. Training, clear policies, and actually enforcing them give an employer a genuine defence here. Without that, the liability sticks.
The person who harassed you, named directly
The person who harassed you can be personally named as a respondent too, standing alongside your employer, not instead of them. Being an individual gives them no shield.
Anyone who pushed them into it, or helped them get away with it
Someone who told, pressured, or encouraged another person to harass you can be liable for that, even without laying a finger on the situation themselves. The same goes for anyone who knowingly helped the harassment along, covering it up, smoothing it over, or making it easier to continue.
In practice, this means a specific manager or colleague can be named directly in a claim, not folded anonymously into “the company.” Anyone who pushed them into it, or helped them get away with it, can be named too.
Our guide on what counts as harassment at work covers the test tribunals actually use for whether conduct counts as harassment in the first place.
Frequently asked questions
Can I name a specific colleague in a harassment claim, not just my employer?
Yes. The person who harassed you can be named personally alongside your employer, not instead of them.
Is my employer liable even if they didn't know about the harassment?
Usually, yes. Employers are vicariously liable for harassment by staff, agents, or contractors acting on their behalf, unless they can show they took all reasonable steps to prevent it.
Can someone be held responsible if they didn't harass me directly?
Yes. Anyone who told, pressured, or encouraged someone else to harass you, or who knowingly helped cover it up, can also be liable.