Sexual Harassment

Sexual harassment in the workplace was not specifically legislated against until 2005 when a new section was added to the Sex Discrimination Act of 1975.

This new section ensures that no one is subjected to unwanted sexual conduct in the workplace, whether this is verbal, non-verbal or physical. In the Sexual Discrimination Act, this conduct is defined as sexual harassment if, based on a person’s sex, it:

  • violates dignity;
  • creates an intimidating, hostile, degrading, humiliating or offensive environment; or
  • if the person is treated less favourably on the grounds of rejecting this conduct.

The Employment Equality (Sexual Orientation) Regulations 2003 also include a provision that covers sexual harassment in the workplace, which protects people from being harassed on the grounds of their sexual orientation.

Sexual harassment could include:

  • unwelcome comments of a sexual nature
  • unnecessary touching or unwanted physical contact
  • leering at someone's body
  • displaying offensive material such as posters
  • sending offensive e-mails. This includes colleagues downloading pornographic e-mails, even if they aren't sent to you personally.
  • insensitive jokes
  • displays of unacceptable material such as pin-up calendars or graffiti

You are protected by the law against sexual harassment from your employer, colleagues and also from third parties such as clients or customers. Sexual harassment could be a one-off incident or a series of incidents, and it could be deliberate and nasty, or unintended. It is treated very seriously by employment tribunals and awards in sexual harassment cases can be very high. It is also a potentially imprisonable offence.

There is no minimum period of employment necessary for you to be eligible to make a claim under the sex discrimination legislation for sexual harassment. However, it is advisable to raise a grievance with your manager (or someone more senior if it is your manager who is harassing you) in the first instance to see whether the issue can be resolved internally.

If you believe that you are being sexually harassed, or you simply want more information about your rights, Ashby Cohen can help you. We specialise in employment law cases, and our years of experience as employment lawyers make us uniquely qualified to assist you with any sexual harassment issues you may have. Please contact us for an initial free consultation.

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