What to do if you’ve experienced sexual harassment at work
Do you think you may have been subject to sexual harassment from a fellow colleague or third party at work? Find out how to navigate and resolve this issue.
Everyone has the right to feel safe, respected and supported at work. Yet, according to the Office for National Statistics, over 26% of people who have experienced sexual harassment said it occurred in their workplace.
Over 52% of women have reported experiencing some form of sexual harassment at work. In response, the UK Government has placed stricter duties on employers to prevent their employees being sexually harassed and if they fail to implement these duties, they could be forced to pay higher compensation to those employees that they fail to protect.
Employer responsibilities under the new law
On 26 October 2024, the Worker Protection (Amendment of Equality Act 2010) Act 2023, came into force in England and Wales. This law imposes a duty on employers to take all “reasonable steps” to prevent sexual harassment in the workplace.
Employers who fail to meet this new obligation risk legal action. If someone is found to have been sexually harassed at their workplace, their employer may have to pay them 25% more than they would have been previously if it has failed to in its new duty.
To comply with the new law, employers must foster a zero tolerance culture, provide robust training, and implement clear reporting mechanisms. This includes addressing complaints promptly to create a safer and more inclusive workplace.
What can be considered sexual harassment?
Sexual harassment can be a one-off incident or an ongoing pattern of behaviour. It can happen in person or online and may involve colleagues, managers, or third parties like clients or customers. Examples include:
- Sexual remarks about someone’s body, clothing or appearance.
- Sexually explicit jokes or innuendos.
- Unwanted physical contact or sexual assault.
- Repeatedly asking someone on a date despite being declined.
- Sharing or displaying sexually explicit images.
- Suggestive gestures such as winking.
- Intimidating behaviours such as invading personal space.
What to do if you think you have been subjected to sexual harassment at work?
If you believe you have been subjected to sexual harassment, here’s how to take action.
1) Check your employer’s policy
Review your company’s sexual harassment policy, which should outline reporting procedures and key contacts. If no specific person is named, report the issue to your line manager or HR. If the harassment involves your line manager, escalate the issue to another senior leader or HR.
2) Report the incident
Inform your employer in writing, providing clear details of what happened. Employers are required by law to address complaints and take allegations seriously. Under the new rules, employers must maintain an internal reporting system to log and track complaints.
3) Keep a record
Document incidents, including dates, times and descriptions in a personal notebook or on your phone. These records can be invaluable during internal investigations or any subsequent tribunal proceedings if needed.
4) Seek support
If you feel unsafe reporting internally or your employer does not act on your complaint, seek external advice. Consult an employment lawyer for tailored guidance or contact the Advisory, Conciliation and Arbitration Service (ACAS) which offers free and confidential support.
5) Know your rights
If your employer fails to address the issue or you face retaliation for reporting harassment, you may be able to bring a claim to an employment tribunal. Claims must generally be made within three months of the last incident, so be sure to act promptly.
The impact of sexual harassment
The knock-on effects of workplace sexual harassment can be severe and long lasting. Employees often suffer from increased stress and anxiety which can lead to professional consequences such as loss of confidence and productivity. For some people, the impact can be so severe they end up leaving their jobs altogether, sacrificing career opportunities and progression.
Beyond the individual, sexual harassment can also have a wider detrimental impact on a business by causing low morale, high turnover, and decreased productivity across affected teams.
When sexual harassment goes unchallenged, it allows for harmful norms and other discriminatory and degrading behaviour to flourish. Your employer has a responsibility to create a safe and respectful workplace for everyone so please follow the advice outlined above if you think you may have been subjected to sexual harassment at work.
Catherine Hawkes is a senior associate in the employment and immigration team at RWK Goodman. Catherine can be reached at Catherine.Hawkes@rwkgoodman.com
