Sexual Harassment at work lawyers

Your employer has legal duties to protect you from harassment and discrimination, and to provide a safe place of work. If they fail in these duties, you may be able to claim against them. The law protects you, your career, and anyone who supports you from suffering unfavourable treatment after making a claim.

What is sexual harassment?

When it comes to sexual harassment, there is no such thing as ‘not serious enough’ or ‘not important’. We will approach your case with a sympathetic ear, and work tirelessly to advocate for you and your rights.

Sexual harassment is a form of discrimination. It can happen to a person of any sexual orientation or gender identity. The legal definition covers:

Unwanted conduct of a sexual nature that has violated your dignity. This conduct may have been intended, or had the effect of creating a hostile, intimidating, degrading, humiliating, or offensive working environment for you
Receiving less favourable treatment because you rejected, or submitted to sexual advances.

Workplace sexual harassment can come from someone in a position of power, a colleague, a client, or a member of the public. It can happen in person or through text messages, social media, or email.

Examples of sexual harassment can include:

Sexual assault or rape
Sexual or suggestive comments
Unwelcome touching or hugging
Intrusive questions about your private/sex life
Being demoted or overlooked for promotion after sexual contact with a person in a position of authority.

Our team also support with other forms of bullying and harassment.

What should I do if I’ve been sexually harassed at work?

Normally, the first step is to make a complaint to your employer through your organisation’s grievance or bullying/harassment policy. Your employer has a legal duty to investigate this, and should schedule a meeting to discuss what’s happened.

If your employer fails to address the issue effectively, you might be able to make a discrimination claim. In serious cases, you may be able to resign on the grounds of your employer’s conduct towards you (which could count as constructive dismissal). In others, we can help you negotiate a settlement agreement and exit package out of court.

If the allegation is very serious, you can go directly to the police. We understand this is easier said than done in some circumstances. It’s a lot to think about, and a lot to deal with alone. The best course of action isn’t always clear, so it’s important to get legal advice.

We can advise you of the likelihood of winning your case, make you aware of reporting time limits, and support you from first complaint to your employer, through ACAS early conciliation, and onto the Employment Tribunal or higher Courts if need be.

Frequently Asked Questions

How long does it take to make a discrimination claim?

You have three months minus one day from the last act of discrimination to start the ACAS early conciliation process (you’ll need to do this before progressing to a tribunal). The ACAS process can take a month with two extra weeks if needed.

You’ll get an ACAS certificate allowing you to issue a claim in the Employment Tribunal. Your employer will get a copy and they’ll have 30 days to send their defence. The Tribunal will then set a date for a full hearing in six to nine months.

What are the possible outcomes of making a discrimination claim?

If your claim goes to the Employment Tribunal or to court, possible outcomes are:

Compensation
Declaration of your rights
Formal recommendation to your employer to prevent it happening again.

If we settle your claim through negotiation, we may be able to get a reference and an apology for you, as well as a confidentiality agreement and terms that protect your reputation. This can be much less stressful than going to court – and you may receive a more favourable compensation settlement.