Generative AI makes it easy to produce mocking images, fake audio or "jokes" about a real colleague's race, religion, age or disability, and workplace software can itself put out messages or labels that people find degrading. In Great Britain, harassment at work is covered by section 26 of the Equality Act 2010, and section 40 makes it unlawful for an employer to harass its employees and job applicants. This page explains the test and how it applies to AI at work. Sexual harassment and the employer's duty to prevent it have their own page.
The short answer: harassment is unwanted conduct related to a relevant protected characteristic that has the purpose or effect of violating a person's dignity, or of creating an intimidating, hostile, degrading, humiliating or offensive environment for them (s26(1)). It does not matter whether the conduct is a word said in a meeting, a message, or an image made with an AI tool.
The relevant protected characteristics
For harassment, the relevant protected characteristics are age, disability, gender reassignment, race, religion or belief, sex and sexual orientation (s26(5)). Marriage and civil partnership, and pregnancy and maternity, are not in this list, so section 26(1) does not apply to conduct related only to them.
The test
- Unwanted conduct related to a characteristic: the conduct only has to be "related to" the characteristic (s26(1)(a)).
- Purpose or effect: it is enough that the conduct has the effect of violating dignity or creating the hostile environment, even if that was not the purpose (s26(1)(b)).
- How effect is judged: the tribunal must take into account the perception of the person, the other circumstances of the case, and whether it is reasonable for the conduct to have that effect (s26(4)).
There are two further forms: unwanted conduct of a sexual nature (s26(2)), and treating someone less favourably because they rejected or submitted to unwanted conduct of a sexual nature or related to gender reassignment or sex (s26(3)).
Who must not harass
An employer must not, in relation to employment by it, harass an employee or a job applicant (s40(1)). Since 30 October 2026, an employer must also not permit a third party, such as a client or customer, to harass an employee in the course of their employment, which it does if it failed to take all reasonable steps to prevent it (s40(1A) to (1C)). Acts by employees in the course of employment can be treated as done by the employer; see AI and the Equality Act on employer liability.
Where AI comes in
- Generated content about colleagues: images, video, voice clones or text made with AI tools that mock someone's race, religion, disability, age, sex, sexual orientation or gender reassignment are conduct by the person who made or shared them.
- Tool outputs: a chatbot, scoring system or monitoring dashboard that labels or addresses people in a way related to a protected characteristic can be unwanted conduct; the effect test does not require anyone to have intended it.
- Customers and the public: where staff handle chats, calls or reviews from the public, abuse from users related to a protected characteristic can fall within the third party rule.
- Reports and records: tools that let staff report incidents, and logs that show what was sent, help both sides when the effect test is applied.
Practical steps
- Employers: say in your conduct and AI use policies that creating or sharing AI content that targets colleagues is harassment, check what workplace tools say to staff and applicants, and keep a clear reporting route with people who act on it.
- Workers: keep copies of the content, when it was sent and by whom, and report it in writing. If software produced the content, record what the tool was and what it said.
Making an allegation of harassment can be a protected act; see victimisation. This page covers Great Britain and is general information on the law as at 2 November 2026, not legal advice.
Questions and answers
Is an AI-generated image of a colleague harassment?
It can be. Under section 26(1) of the Equality Act 2010, harassment is unwanted conduct related to a relevant protected characteristic that has the purpose or effect of violating dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment. The method used to create the content does not change the test.
Which characteristics does harassment cover?
Age, disability, gender reassignment, race, religion or belief, sex and sexual orientation (section 26(5)).
Does the harasser have to intend it?
No. Conduct that has the effect described in section 26(1)(b) can be harassment, taking into account the person's perception, the other circumstances and whether it is reasonable for the conduct to have that effect (section 26(4)).
Is an employer responsible for harassment by customers?
Since 30 October 2026, section 40(1A) says an employer must not permit a third party to harass an employee, which it does if the harassment is in the course of employment and it failed to take all reasonable steps to prevent it.