Sexual Harassment in the Workplace Explained

Sexual harassment in the workplace is unwanted conduct of a sexual nature that significantly affects someone at work. It is unlawful under UK equality law when the behaviour has the purpose or effect of violating dignity or creating a hostile, degrading, humiliating or offensive working environment. These protections arise primarily from the Equality Act 2010 and have been strengthened by recent legislative changes that place proactive duties on employers to prevent sexual harassment before it occurs. This guide explains what sexual harassment means in law, how it arises, who is protected, and the steps employees and employers can take to address and prevent it.

What Is Sexual Harassment? Legal Definition

Sexual harassment at work refers to unwanted behaviour of a sexual nature which either:

• Violates a person's dignity, or
• Creates an intimidating, hostile, degrading, humiliating or offensive environment for them.
  This applies whether or not the conduct was intended to cause that effect; the focus is on the impact on the recipient.

Behaviour can constitute sexual harassment even if it is considered “banter” by others but is unwelcome and has the prohibited effect. Sexual harassment may be a single incident or a pattern of conduct and can occur in person or through email, messages or meetings.

The law also covers situations where a person is treated less favourably because they rejected or submitted to unwanted conduct of a sexual nature.

Who Is Protected and Where the Law Applies

Sexual harassment protections under the Equality Act 2010 apply to:

• Employees and workers, including apprentices and agency workers
• **Contractors and self‑employed people personally engaged for work
• Job applicants

The legal protections apply in everyday work environments and in contexts connected to work, including work‑related social events and remote work communications. Sexual harassment can also occur between colleagues, from supervisors or managers, and from third parties such as clients and customers. Employers may be liable if they fail to prevent harassment by third parties where they knew or ought reasonably to know about the risk.

Examples of Sexual Harassment

Sexual harassment may take many forms. Common examples include:

• Sexual remarks or jokes about someone's body, appearance or sex life
• Unwelcome advances, propositions or requests for sexual contact
• Displaying or sharing pornographic images or sexual content at work
• Inappropriate touching or physical contact, such as unwanted hugging
• Sexual comments about a person's sexual orientation or gender reassignment
• Persistent staring, leering or suggestive looks that create discomfort
• Sharing sexual content via email or messaging platforms

Some forms of sexual misconduct, such as sexual assault, may also constitute criminal offences under separate law, and victims may choose to report these to the police in addition to raising a workplace complaint.

Employer Duties and Liability

Duty to Prevent Harassment

Before October 2024, employer liability was largely reactive: an employer could be held responsible if it failed to take all reasonable steps to prevent harassment that occurred. Since 26 October 2024, the Worker Protection (Amendment of Equality Act 2010) Act 2023 introduced a positive duty on employers to take reasonable steps to prevent sexual harassment before it arises. This duty requires proactive policies, training, risk assessment and workplace culture measures designed to reduce the likelihood of harassment. An employer's failure to take such steps can lead to an increase in compensation if harassment occurs.

Vicarious Liability

Employers can be held vicariously liable for sexual harassment committed by employees in the course of employment unless they can show they took all reasonable preventative steps. This liability reflects a longstanding legal principle that holds organisations responsible for the conduct of workers acting in their role.

Reporting and Handling Complaints

If an employee experiences sexual harassment, they should consider raising the issue with their employer through formal or informal grievance procedures. Employers should:

• Take complaints seriously and investigate them promptly and fairly.
• Communicate outcomes clearly to both parties.
• Support the complainant and ensure they are not victimised because they raised the complaint.
• Preserve evidence including dates, times, messages and witness accounts.

Even if a complaint is made after a substantial delay, employers should still investigate to the extent possible, though evidential limitations may arise.

Employment Tribunal Claims: Time Limits and Process

Early Conciliation

Before making a claim to an employment tribunal, most sexual harassment complaints require notification to Acas Early Conciliation. This step seeks to resolve disputes without formal litigation.

Time Limits

Tribunal claims for sexual harassment under the Equality Act must normally be presented within three months minus one day from the date of the last act of harassment. If incidents form a continuing pattern, the time limit may run from the last incident. Tribunals may exercise discretion to accept late claims in exceptional circumstances.

Alternative Claims

In addition to employment tribunal claims under the Equality Act, individuals may have civil law options, such as claims under the Protection from Harassment Act 1997 with a longer limitation period (typically six years), although these claims are brought in the civil courts rather than tribunals and can incur costs.

Remedies and Compensation

If an employment tribunal finds sexual harassment has occurred, remedies can include:

• Compensation for injury to feelings, to address the emotional impact of harassment;
• Compensation for financial losses, such as lost earnings or benefits;
• Uplifts in compensation where the employer failed to take reasonable steps to prevent harassment;
• Recommendations for workplace policy changes.

Unlike some employment claims, there is no statutory cap on compensation for discrimination and harassment claims, meaning awards can be significant depending on the facts.

Practical Steps for Employees and Employers

For Employees

1. Document everything: note dates, times, locations, people involved and descriptions of conduct.
2. Raise concerns early: use internal grievance procedures before tribunal action.
3. Consider Acas Early Conciliation to explore settlement.
4. Seek specialist advice from employment law solicitors, Citizens Advice or trade unions.

For Employers

1. Develop and implement clear anti‑harassment policies tailored to the workplace.
2. Conduct regular training for all staff, including managers and HR.
3. Assess risks and proactively address potential sources of harassment.
4. Ensure confidential reporting channels and support for complainants.
5. Monitor workplace culture and review policies periodically to maintain compliance.

Common Questions

Can sexual harassment occur online or outside the workplace?
Yes. Unwanted conduct of a sexual nature via email, messaging platforms or at work‑related social events can amount to sexual harassment if it affects someone's dignity or their work environment.

Is a single incident enough to make a claim?
Yes. A single serious incident, such as inappropriate touching or offensive comments, can qualify as sexual harassment if it meets the legal definition.

Can I bring a claim against an individual as well as my employer?
In some cases, claims can be brought against both the employer and named individuals, depending on the circumstances and legal advice.

Summary

Sexual harassment in the workplace involves unwanted conduct of a sexual nature that violates dignity or creates a hostile or degrading environment. It is unlawful under the Equality Act 2010 and strengthened by recent duties requiring employers to take proactive steps to prevent harassment. Claims must normally be made within strict time limits and can result in compensation for both emotional and financial harm. Employers should implement robust policies and training, while employees should document incidents and pursue internal and legal remedies where necessary.