Sexual Harassment in the Workplace & Employee Claims Advice

Making sense of sexual harassment at work, claims & compensation

What is sexual harassment?

Sexual harassment in the workplace is unwanted behaviour of a sexual nature which has the purpose or effect of:

Violating your dignity or
Creating an intimidating, hostile , degrading, humiliating or offensive environment for you

This applies to both one-off incidents and ongoing incidents.

This protection comes from both Employment Law and criminal law, depending on the circumstances involved. Both men and women can be sexually harassed.

There is also protection if you have been treated less favourably because you have rejected or submitted to unwanted sexual harassment.

Sexual harassment at work includes:

Written or verbal comments of a sexual nature, such as remarks about a workers’ appearance, questions about your sex life or offensive jokes called banter , mimicry, pranks
Your employer or colleagues displaying pornographic or explicit images
Receiving unwanted written contact such as letters, graffiti, emails or contact on social media with content of a sexual nature
Physical gestures and facial expressions
Acts affecting a person’s surroundings
Aggression
Unwanted physical contact and touching
Sexual assault

Victimisation

If you tell your employer you are going to bring a complaint or grievance about sexual harassment, and you are then treated unfairly by your employer, whether or not you went ahead, this could result in you having a victimisation claim against your employer.

The EHRC Sexual Harassment Guidance – What Employees Need To Know

Your employer should have a clear policy on sexual harassment which sets out what sort of behaviour is unacceptable.

From 26 October 2024, the Worker Protection (Amendment of Equality 2010) Act 2023 comes into force. This means that all employers have a duty to take reasonable steps to prevent sexual harassment of workers taking place in the course of their employment.

All employers should take eight necessary steps to actively prevent sexual harassment taking place in their workplaces:

Step 1: develop an effective anti-harassment policy– which makes it clear sexual harassment will not be tolerated. This is to be shared with organisations who supply staff and displayed on the company website.
Step 2: engage staff– so they understand they can report sexual harassment and they understand the consequences of breaching the policy
Step 3: assess and take steps to reduce risk in the workplace– by looking at likely factors which would increase the likelihood of sexual harassment occurring and minimising these using surveys, exit interviews, reviewing absences and keeping records of informal and formal complaints
Step 4: reporting– use online or independent telephone lines so reports can be anonymous and keep confidential records so these can be identified
Step 5: training– of all employees at whatever level and also providing refresher training. Senior employees should set the tone and deliver the anti-harassment message.
Step 6: what to do when a harassment complaint is made– dealing with these promptly, fairly and in accordance with company policies. This might include going to the police. Settlement Agreements should only be used where lawful and necessary to do so
Step 7: dealing with harassment by third parties– by putting in place reporting mechanisms where there is harassment by customers or clients
Step 8: monitor and evaluate your actions– to measure their effectiveness by surveying and noting any changing trends

Making a complaint of sexual harassment at work

If you believe you have been sexually harassed, or have witnessed sexual harassment taking place, you need to follow the firm’s Sexual Harassment Policy and raise a formal grievance about sexual harassment in the workplace.

If you need support to raise a grievance, ask your employer if they provide a confidential counselling service which will be attached to one of their insurance policies. Read Fiona Martin’s advice in the Independent here.

Check your organisation’s policies on sexual harassment at work to see who you should make your grievance to. If there is no policy, they will be required to follow the Acas Disiplinary and Grievance Code of Practice.

Our expert sexual harassment lawyers can help you raise a formal grievance by guiding you so that you provide the facts and we insert the law. We offer advice on Settlement Agreements relating to sexual harassment in the workplace. If you have been dismissed or are being disciplined for rejecting any unwanted sexual content, then we can represent you at an Employment Tribunal.

Some types of sexual harassment, such as sexual assault and other physical threats, are a criminal matter as well as an employment matter. Criminal matters should be reported to the police by calling 999 if someone is in immediate danger, or 101 if the crime is not an emergency.

Training for Employers

Employers have a duty to prevent sexual harassment taking place in their workplaces. Laura Donnelly, expert Employment Law solicitor, provides specialist training courses for employers and HR professionals on the law around sexual harassment at work. If your employer requires training for staff on making their workplace a zero-tolerance place for sexual harassment, please contact Laura on laura@ms-solicitors.co.uk

Our Employment Team provide advice and representation at Employment Tribunals. Throughout January 2025 we will be running a free advice line for our #MeToo Matters Campaign.

Please contact us today to find out more on 01273 609911, or email info@ms-solicitors.co.uk.

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