What is sexual harassment at work?

Legal definition under the Equality Act 2010

Sexual harassment at work is defined under section 26 of the Equality Act 2010 –  it occurs when someone engages in unwanted conduct of a sexual nature, and that conduct either violates the victim’s dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment. The law focuses on the impact of the conduct on the victim rather than the intention of the perpetrator.

Examples of sexual harassment in the workplace

Sexual harassment can include a wide range of behaviours, such as inappropriate comments about someone’s appearance, unwanted physical contact, sexually suggestive remarks, or the display of offensive materials. It may be a one-off incident or a pattern of behaviour, and it can occur in person, over email, through text messages, or via social media.

Sexual harassment vs. consensual behaviour

It is important to distinguish sexual harassment from consensual interactions. Harassment involves behaviour that is unwelcome or uninvited.

Even if no objection is raised at the time, the conduct may still be considered harassment if it meets the legal test and the individual feels uncomfortable or degraded.

Who is protected from sexual harassment?

Employees, workers, and job applicants

Protection under the Equality Act 2010 is broad. It applies not only to employees but also to workers, agency staff, contractors, trainees, and job applicants. Individuals are protected during recruitment, throughout the course of employment, and after employment ends (for example, in relation to references).

Protection from harassment by colleagues, managers, and third parties

Sexual harassment can be perpetrated by anyone in the workplace – including colleagues, managers, clients, and service users.

Employers can be held responsible for harassment by third parties if they have failed to take reasonable steps to prevent it (once the Employment Rights Bill has been passed, which may be later this year or next year).

Common forms of workplace sexual harassment

Verbal and physical conduct

Verbal harassment might include jokes of a sexual nature, inappropriate questions about someone’s private life, or lewd comments. Physical conduct may range from unwanted touching or hugging to more serious forms of physical assault.

Online and digital harassment

Sexual harassment also takes place in digital environments, particularly with the increase in remote and hybrid working. Sending explicit messages, images or making inappropriate comments via email or messaging platforms can amount to unlawful conduct.

Unwanted sexual advances or comments

Repeated requests for dates, suggestive comments, or sexual advances – especially after an individual has made it clear they are unwelcome – may be considered harassment. The law protects the right to say “no” without fear of adverse consequences.

Employer duties and responsibilities

Legal obligation to prevent harassment

Employers are under a legal duty to provide a safe working environment free from discrimination and harassment. This includes ensuring that appropriate policies and procedures are in place to prevent and address such conduct.

Taking reasonable steps to protect employees

If a sexual harassment claim arises, an employer may be able to defend itself by showing that it took “all reasonable steps” to prevent the harassment. This might include providing regular training, having a clear anti-harassment policy, and dealing with complaints properly.

Vicarious liability for employee conduct

Employers can be held vicariously liable for the acts of their staff unless they can demonstrate they took adequate preventative measures. This reinforces the importance of workplace culture and consistent enforcement of standards.

Reporting sexual harassment

Internal procedures: how to raise a grievance

Employees who experience harassment are encouraged to report the matter through their employer’s internal grievance procedure. This typically involves raising the issue in writing and requesting a formal investigation.

Speaking to HR or a manager

Alternatively, concerns can be raised informally with a manager or HR representative. Depending on the severity of the behaviour, this may lead to informal resolution or escalate into a formal complaint.

The role of trade unions and workplace representatives

Employees may choose to seek advice or representation from a trade union or workplace representative, especially when navigating internal procedures or preparing for meetings with their employer.

How employers should respond

Investigating complaints fairly

Employers should investigate all complaints promptly, objectively, and confidentially. The individual accused of harassment should be given an opportunity to respond, and both parties should be kept informed of the process.

Protecting confidentiality

Confidentiality is key to safeguarding those involved and maintaining trust in the process. Information should be shared only on a need-to-know basis.

Avoiding victimisation or retaliation

Employees must not be treated unfavourably for making or supporting a complaint of sexual harassment. Victimisation is itself unlawful under the Equality Act 2010.

Your legal rights and options

Protection under the Equality Act 2010

Employees who experience sexual harassment may bring a claim in the Employment Tribunal under the Equality Act. This legislation allows individuals to seek redress for unlawful treatment, including harassment and victimisation.

Time limits for bringing a claim

There are strict time limits for bringing a claim. Generally, a complaint must be lodged within three months (less one day) from the date of the last act of harassment. Early conciliation through Acas must be started before submitting a Tribunal claim.

The role of the Employment Tribunal

The Employment Tribunal can determine whether unlawful harassment has occurred and, if so, can award compensation for injury to feelings, loss of earnings, and other financial losses. Tribunals can also make recommendations to employers.

Settlement agreements and compensation

Reaching a settlement without a Tribunal claim

In many cases, parties may reach a resolution through a settlement agreement, avoiding the need to go to Tribunal. These agreements are legally binding and typically involve a financial payment in exchange for waiving legal claims. You can negotiate settlement agreement terms with your employer, and once you have agreed terms you will need to take independent legal advice, as outlined below.

What compensation may include

Compensation may cover financial loss (such as lost earnings or bonuses), injury to feelings, and legal fees. The amount depends on the severity of the harassment and the impact on the employee.

Legal advice requirements for settlement agreements

For a settlement agreement to be valid, the employee must receive independent legal advice. This ensures the individual understands the implications of the agreement and the rights they are giving up.

Preventing future harassment

Training and workplace culture

Preventing harassment requires more than policies – it requires a culture of respect and accountability. Training can help employees understand what behaviour is unacceptable and how to challenge it.

Policies and codes of conduct

Clear policies outlining what constitutes sexual harassment, how to report it, and how it will be handled are essential. These policies should be communicated and enforced consistently.

The role of bystanders and colleagues

Encouraging employees to speak up when they witness harassment can be a powerful deterrent. Bystander training helps staff recognise inappropriate behaviour and understand how to intervene safely.

When to seek legal advice

Why early advice is recommended

If you are experiencing or have experienced sexual harassment at work, seeking advice early can help clarify your rights and options. An employment lawyer can help you understand internal procedures, negotiate a settlement, or prepare a Tribunal claim.

Evidence gathering and documentation

Keeping a written record of incidents, communications, and any steps taken is important. Evidence such as emails, text messages, or witness statements can strengthen your position.

Supporting your claim or negotiation

Legal advice can assist in identifying claims, valuing compensation, and ensuring your voice is heard. Whether pursuing an internal complaint or considering litigation, having representation can provide clarity and support throughout the process.