Sexual Harassment at Work: Your Rights and How to Take Action

Sexual harassment at work is unlawful, unacceptable, and unfortunately still common. Research shows that one in two women and one in five men have experienced some form of unwanted sexual behavior at work.

If you've experienced sexual harassment, you have strong legal rights. This guide explains what sexual harassment is, your employer's duties, and how to take action to stop it and get compensation.

Content Warning: This guide discusses sexual harassment and may be distressing. Take breaks as needed.

What is Sexual Harassment?

Under the Equality Act 2010, sexual harassment is:

Unwanted conduct of a sexual nature that:

• Violates your dignity, OR
• Creates an intimidating, hostile, degrading, humiliating, or offensive environment

The key word is unwanted - if you didn't welcome or invite it, and it's sexual in nature, it may be harassment.

The Three Types of Sexual Harassment

Type 1: Conduct of a Sexual Nature

Unwanted conduct that's sexual in nature.

Examples:

• Sexual comments about your appearance, body, or clothing
• Unwanted touching, hugging, or physical contact
• Sexual jokes, banter, or innuendo
• Displaying sexually explicit images or materials
• Making sexual gestures or sounds
• Asking intrusive questions about your sex life
• Sending sexual messages, emails, or images
• Staring or leering in a sexual manner
• Following someone or invading personal space

Type 2: Less Favorable Treatment for Rejecting Harassment

Being treated worse because you've rejected or submitted to sexual harassment.

Examples:

• Being passed over for promotion after rejecting sexual advances
• Losing opportunities after refusing to participate in sexual banter
• Being excluded from work activities after rejecting a colleague's advances
• Being dismissed or demoted after complaining about harassment

Type 3: Less Favorable Treatment for Rejecting/Submitting to Sex Discrimination

Being treated worse because you've rejected or submitted to conduct related to sex or gender.

Examples:

• Being penalized for not conforming to gender stereotypes
• Treatment based on rejecting gender-based "jokes" or comments

What Sexual Harassment Looks Like

Sexual harassment can range from "minor" comments to serious sexual assault. All of it is unacceptable.

Verbal Harassment

• Sexual comments, jokes, or innuendo
• Inappropriate questions about your sex life, body, or relationships
• Sexual propositions or requests for sexual favors
• Making sexual sounds (whistling, kissing noises)
• Spreading sexual rumors about someone
• Comments about someone's sexual orientation or gender identity

Non-Verbal Harassment

• Displaying sexually explicit images, videos, or materials
• Making sexual gestures
• Staring or leering at someone's body
• Sending sexual images or messages (including via WhatsApp, social media)
• Following someone or invading their personal space

Physical Harassment

• Unwanted touching, hugging, kissing, or physical contact
• Deliberately brushing against someone
• Blocking someone's path or cornering them
• Any form of sexual assault (this is also criminal)

It Doesn't Matter If...

Sexual harassment is still harassment even if:

❌ "It was just a joke" - Intent doesn't matter; it's about the impact
❌ "Everyone does it" - Culture doesn't excuse unlawful conduct
❌ "They didn't mean any harm" - The effect on you is what counts
❌ "It only happened once" - A single incident can be harassment
❌ "You didn't object at the time" - You're not required to confront the harasser
❌ "Others found it funny" - Your perception is what matters
❌ "They're senior" - Position doesn't give anyone the right to harass

Your Employer's Legal Duties

Duty to Prevent Harassment

Your employer has a legal duty to take reasonable steps to prevent sexual harassment.

What this includes:

• Clear anti-harassment policies
• Training for all staff
• Effective complaint procedures
• Taking complaints seriously
• Investigating promptly and thoroughly
• Taking action against harassers
• Supporting victims

Vicarious Liability

Your employer is legally responsible for harassment by:

• Employees during employment
• Agents acting on their behalf
• Third parties (clients, customers) if they know about it and fail to act

Defence: They can only avoid liability if they took all reasonable steps to prevent the harassment.

Protection from Third-Party Harassment

If clients, customers, or other third parties harass you, your employer must:

• Take your complaints seriously
• Take steps to protect you
• Consider barring harassers from premises
• Provide support and alternative arrangements

Example: A customer regularly makes sexual comments to you. You report it, but your employer does nothing. Your employer is liable for failing to protect you.

The Legal Test for Harassment

For your claim to succeed, you must show:

1. The Conduct Was Unwanted

• You didn't welcome, invite, or encourage it
• Your subjective view matters
• You don't have to have objected at the time

2. It Was Related to Sex

• The conduct had a sexual nature or was gender-based
• It wouldn't have occurred but for your sex

3. It Had the Purpose or Effect

Purpose: The harasser intended to violate your dignity or create a hostile environment

OR

Effect: The conduct had that effect, whether intended or not

4. The Effect Test (Three-Part)

The tribunal will consider:

• Your perception - How you viewed the conduct
• The circumstances - Context and environment
• Reasonableness - Would a reasonable person consider it harassment?

Key Case: Richmond Pharmacology v Dhaliwal [2009] established that the conduct must be sufficiently serious to warrant legal intervention. Trivial conduct that just causes offense may not meet the threshold.

Example: A single mildly inappropriate comment may not meet the threshold, but repeated comments, or a single serious incident, likely will.

Common Scenarios

Scenario 1: "Banter" Culture

The Situation: Your workplace has a culture of sexual jokes, innuendo, and comments about people's appearance. When you object, you're told "it's just banter" or "don't be so sensitive."

Why It's Harassment: If the conduct is unwanted and creates a hostile environment for you, it's harassment - regardless of workplace culture.

What to Do: Document specific incidents, raise a formal complaint, state clearly that the environment is hostile and unwelcome to you.

Scenario 2: Unwanted Advances from Senior Colleague

The Situation: A senior colleague repeatedly asks you out, makes comments about your appearance, or sends personal messages. You've tried to deflect politely but they continue.

Why It's Harassment: Persistent unwanted advances are harassment, especially where there's a power imbalance. You're not required to directly confront them.

What to Do: Keep all messages as evidence, report to HR or more senior management, state clearly it's unwanted and you want it to stop.

Scenario 3: Physical Touching

The Situation: A colleague regularly touches your shoulder, back, or arm in a way that makes you uncomfortable. They say they're "just friendly" but it feels inappropriate.

Why It's Harassment: Unwanted physical contact of a sexual nature is harassment. Your discomfort is what matters, not their claimed intent.

What to Do: If safe to do so, clearly state the touching is unwanted. Report to management immediately. Document each incident.

Scenario 4: Sexual Images or Materials

The Situation: A colleague displays sexually explicit images at their desk, or shares sexual content in work WhatsApp groups.

Why It's Harassment: Displaying sexual materials can create a hostile environment, even if not directly targeted at you.

What to Do: Report to management, request removal of materials, explain the hostile environment created.

Scenario 5: Retaliation After Rejection

The Situation: After rejecting a colleague's advances, you notice they're excluding you from meetings, being hostile, or undermining your work.

Why It's Harassment: This is the second type of sexual harassment - less favorable treatment because you rejected harassment.

What to Do: Document the change in treatment, link it explicitly to rejecting advances, raise formal complaint about both harassment and victimization.

What to Do If You're Being Harassed

Immediate Steps

1. Your Safety First

• Remove yourself from dangerous situations
• If you've been sexually assaulted, call police on 999
• Seek support from friends, family, or support organizations

2. Say "No" (If Safe)</

• If you feel safe, clearly state the behavior is unwanted
• You can say "That comment made me uncomfortable, please don't do that"
• But you're NOT required to confront the harasser
• Your safety is more important

3. Document Everything

• Write down what happened, when, where, who was involved
• Save emails, messages, images
• Note witnesses
• Record how it made you feel and its impact on you

Reporting to Your Employer

Informal Report:

• Speak to your line manager, HR, or senior colleague
• Explain what's happening
• Request action to stop it
• Keep notes of the conversation

Formal Complaint:Put your complaint in writing:

Subject: Formal Complaint - Sexual Harassment

Dear [HR Manager],

I am writing to make a formal complaint of sexual harassment under the Equality Act 2010.

I have been subjected to unwanted conduct of a sexual nature by [name/description of harasser] which has violated my dignity and created a hostile working environment.

Incidents:[List each incident with dates, times, what happened, who was present]

Impact:[Describe how this has affected you - emotionally, psychologically, your ability to work]

Action Requested:

• Full investigation of my complaint
• Action taken against the harasser
• Steps to ensure this doesn't continue
• Support for me during this process

I request a meeting to discuss this complaint within [reasonable timeframe, e.g., 5 working days].

I trust this will be treated with the seriousness it deserves and I look forward to your response.

Yours sincerely,[Your name][Date]

What Your Employer Should Do

Immediate Actions:

• Acknowledge your complaint promptly
• Assess if immediate steps are needed (separation of parties)
• Provide support (counseling, time off if needed)
• Not prejudge the outcome

Investigation:

• Appoint impartial investigator
• Interview you, the harasser, and witnesses
• Review evidence (emails, messages, etc.)
• Produce investigation report

Outcome:

• Inform you of findings
• Take appropriate disciplinary action if upheld
• Put measures in place to prevent recurrence
• Offer support and monitoring

Timeline:

• Initial response: Within a few days
• Investigation: Usually 2-4 weeks
• Outcome: Shortly after investigation concludes

If Your Employer Doesn't Act Properly

If your employer:

• Ignores your complaint
• Conducts a flawed investigation
• Takes no action despite upholding your complaint
• Retaliates against you for complaining
• Creates a hostile environment after you've complained

You may have claims for:

• Sexual harassment (the original conduct)
• Failure to protect you from harassment
• Victimization (if you're treated badly for complaining)
• Constructive dismissal (if you're forced to resign)

Compensation for Sexual Harassment

Sexual harassment is a form of discrimination - there's no upper limit on compensation.

Injury to Feelings (Vento Bands)

Lower Band (£1,100-£11,200):Isolated incidents with limited impact

Middle Band (£11,200-£33,700):Serious cases with significant impact - most harassment cases fall here

Upper Band (£33,700-£50,000+):Most serious cases with severe psychological impact

Exceptional: Over £50,000 for particularly severe or prolonged harassment

Financial Losses

• Lost earnings (if you left or were dismissed)
• Future loss of earnings
• Cost of medical treatment or therapy
• Career damage

Aggravated Damages

Additional compensation if your employer:

• Handled your complaint particularly badly
• Showed malice or spite
• Acted in a high-handed manner
• Conducted a sham investigation

Personal Injury Damages

If you've suffered psychiatric injury (depression, anxiety, PTSD), you can claim additional personal injury damages (often handled separately).

Recent Awards:

• £35,000 for sustained sexual harassment creating hostile environment
• £28,000 for harassment by senior manager and employer's failure to act
• £19,000 for harassment and subsequent constructive dismissal

Time Limits

You must start ACAS Early Conciliation:

• Within 3 months minus one day of the last act of harassment
• Extended to 6 months for claims from 1st July 2024

Continuing harassment: If it's ongoing, time runs from the last incident.

After resignation: If you resign due to harassment, time runs from your resignation date for constructive dismissal, but may run from the last harassment for the harassment claim itself.

Criminal Offenses

Some sexual harassment may also be criminal:

Sexual assault - Intentional sexual touching without consent (call police)
Indecent exposure - Exposing genitals intending to cause distress
Stalking - Persistent unwanted attention causing fear
Voyeurism - Recording private acts without consent
Coercive control - Pattern of controlling behavior (in some circumstances)

If you've experienced sexual assault or other criminal conduct:

• Call police on 999 (emergency) or 101 (non-emergency)
• You can pursue both criminal and employment law routes
• Criminal conviction can support your employment claim

Support and Resources

If you're experiencing sexual harassment:

Rape Crisis (Sexual violence support): 0808 802 9999
Victim Support: 0808 16 89 111
Samaritans (24/7 emotional support): 116 123
ACAS Helpline: 0300 123 1100

Your GP can provide medical support and referrals for counseling

How Unfair Dismissal UK Can Help

Sexual harassment claims require sensitive, expert legal support. We provide:

✓ Confidential case assessment - Speak with experienced employment lawyers
✓ Strategic complaint support - Help with internal grievances
✓ Sensitive, respectful service - We understand the personal impact
✓ Maximum compensation - No upper limits on harassment awards
✓ Fixed-fee representation - Transparent pricing
✓ No win, no fee options - Available for strong cases over £10,000

Recent client results:

• £58,000 for sexual harassment and constructive dismissal
• £35,000 for sustained workplace harassment
• £42,000 for harassment and employer's failure to protect

You don't have to tolerate sexual harassment. We'll fight to get you justice, compensation, and the dignity you deserve.

Experiencing sexual harassment at work?
This is not your fault, and you don't have to face it alone. Get confidential legal advice from our experienced employment law team.

Calculate Your Potential Compensation: Free Confidential Assessment

Speak to an Expert:
📞 Call: 0330 043 3008
💬 WhatsApp: +44 7418 641 785
📧 Email: office@unfair-dismissal.uk

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