Sexual harassment at work

Victims of sexual harassment are protected under the Equality Act 2010. This law protects: 

• Employees and workers. 
• Contractors and the self-employed if hired to do work. 
• Job applicants.  

To be sexually harassed, the unwanted behaviour must have: 

• Violated your dignity (intended or not). 
• Created a hostile, degrading or humiliating environment (intended or not). 

Your employer has a responsibility to protect employees, workers, contractors, the self-employed and job applicants from sexual harassment and they must take steps to prevent it from happening.  

Your employer is also responsible for the wellbeing of their employees. If an employer is unsupportive of an employee who was sexually harassed at work, they could be in breach of their employment contract, and could even face charges for constructive dismissal.  

Employers should take any complaints of sexual harassment and any following investigations seriously. 

No matter your sex, gender identity or sexual orientation, anyone can experience sexual harassment. Similarly, sexual harassment can be conducted by anyone of the same sex, different sex, any gender identity or any sexual orientation.  

If you face sexual harassment at work, this can be from anyone you encounter because of your job, including: 

• Colleagues. 
• Your employer, manager, or anyone else who is in a position of authority at your place of work. 
• A member of the public like a client, customer or member. 

It is your employer’s responsibility to take steps to prevent this from happening. 

Sexual harassment can occur in person or online via email, social media, or messaging apps. Sexual harassment can occur as one-off incidents, or regularly. The following can constitute sexual harassment: 

• Flirting. 
• Making sexual comments about your appearance. 
• Asking inappropriate questions e.g. about your sex life. 
• Telling sexually offensive jokes. 
• Nudity.  
• Commenting on or joking about sexual orientation or gender reassignment.  
• Showing pornography. 
• Inappropriate or unwarranted touching. 
• Sexual assault and rape. 

Even if the perpetrator of the sexual harassment considers their behaviour to be a joke, it is still classified as sexual harassment if their behaviour is: 

• Of a sexual nature. 
• Unwanted. 
• Violating yours or someone else’s dignity or creates an intimidating or degrading environment at work. 

Sexual harassment is typically directed at an individual, but some workplaces can normalise a culture of sexual harassment e.g., sharing sexual images or sexually inappropriate “banter” between colleagues. You can still make a complaint of sexual harassment in this situation. 

If you are the victim of sexual harassment at work, we could recommend you do the following: 

• Speak to your union (us!) or your union rep. 
• Make a complaint to your employer (remember, it is their legal duty to protect your wellbeing at work).  
• Keep a note of any instances of sexual harassment, including dates/times or witnesses. 

If you have been sexually assaulted at work, we would advise you to tell your trade union rep and your employer and/or the police immediately to get the support you need. 

It is your employer’s duty to support you through any instance of sexual assault. If you choose not to inform the police, in most cases, your employer must go along with your decision. However, they can inform the police without your permission if they believe there is a risk to your safety, your mental wellbeing or the safety of others.  

If you have reported an instance of sexual assault by a colleague, your employer can investigate your complaint and conduct a disciplinary procedure. We would however advise that they first speak to the police or get legal advice before conducting any disciplinary action as it may put them at risk of prejudicing the criminal process. 

We would first advise that you speak with your trade union rep to receive support when making a formal complaint. 

Your employer may have their own sexual harassment policy to deal with sexual harassment complaints, so you should follow that procedure to raise a grievance. 

This should be in the same place your workplace houses all your workplace policy. This should be somewhere easily accessible such as a staff handbook or company intranet. It should outline how your employer deals with sexual harassment complaints and who to send your complaint to. 

If you have raised a formal grievance or the problem has not been resolved, you can make a claim to an employment tribunal. You should inform Community immediately if you intend to do this as our legal team may be able to provide advice and support you through this process.  

If you witness sexual harassment, you could step in and intervene.  If you believe your safety will be at risk, we advise that you do not step in. Following the incident, you can: 

• Support any complaints made by the victim. 
• Report the incident to your trade union rep and/or employer. 
• Make a sexual harassment complaint yourself if the incident has violated your dignity or created an intimidating or degrading environment at work.  
• Keep a note of any instances of sexual harassment, including dates/times or witnesses. 
• Talk to the victim of sexual harassment or assault to see if they want your support.