Reporting sexual harassment in the workplace

What is sexual harassment in the workplace?

Sexual harassment in the workplace can be defined as unwanted behaviour that is of a sexual nature. It may involve physical or non physical behaviours.

It can happen to anyone, including men and women and may be carried out by anyone, of any gender or sexual orientation.

Behavior that constitutes sexual harassment in the workplace may come from a colleague or coworker but can also be done by other people, for example:

• Employer
• Manager or supervisor
• Contractor
• Customer or client

Sexual harassment can happen in person or by digital means such as on social media or by text.

Examples of sexual harassment include:

• Unwanted sexual advances
• Flirting that is not reciprocated or repeatedly asking someone out after they have said no
• Asking for sexual favours
• Touching or kissing someone without consent
• Making sexual jokes, gestures or comments that are degrading or offensive
• Remarks that objectify someone
• Sexual comments or jokes about a person’s sexual orientation or gender reassignment
• Asking someone intrusive questions about their sex life or spreading rumours about them
• Sending explicit texts or photos to someone at work
• Making a series of sexual comments on a coworker’s social media posts

In extreme cases sexual harassment can result in stalking, serious sexual assault or rape.

Sexual harassment can have many detrimental effects on a person, including:

• Making them feel unsafe or scared
• Affecting their body image and self confidence
• Affecting their mood and emotions

Sexual harassment can affect a person’s mental health and put them at a higher risk of developing depression or anxiety.

Sexual harassment can also impact on a person’s performance at work, leading them to disengage, be less productive or make more errors. Someone experiencing sexual harassment may not want to go into work at all and may take time off sick or even quit their job.

Sexual harassment can upset and degrade someone even if this was not the intention – not intending to upset someone is not an appropriate defence. This is why it is important for people to think about their behaviour at work and ensure that jokes, comments and general conduct remains professional.

Harassment and workplace relationships

Colleagues will often become friends and may spend time together outside of work. Friendships between coworkers may cause lines to be blurred and sometimes leads to people saying and doing things that are inappropriate for the workplace, which they may try to pass off as ‘banter’ or a joke. This type of behaviour should be addressed in a workplace behaviour policy that clearly sets out expectations around conduct and behaviour at work.

Sometimes coworkers will form romantic relationships with one another. Sexual harassment is not the same as a workplace romance as it is unwanted and is not consensual, although sometimes what begins as a consensual relationship may turn into sexual harassment later on.

What one person considers sexual harassment may not be the same as another; it is important to acknowledge that people have different boundaries, sensitivities and triggers. If someone asks you to stop a certain behaviour towards them as they feel it is harassment they should only need to ask once.

Sexual harassment in the workplace can:

• Ruin workplace relationships
• Lead to a toxic work environment
• Make staff feel unsafe and exploited
• Result in disciplinary action

Rights around sexual harassment at work

Everyone has the right to feel safe and valued at work. This includes being protected from sexual harassment.

The Equality Act 2010 protects people against sexual harassment at work, including:

• Employees and workers
• Contractors
• Job applicants

By law, employers should take ‘reasonable steps’ to prevent sexual harassment from happening in the workplace. The Worker Protection (Amendment of Equality Act 2010) Act 2023 came into effect in October 2024. This act places responsibilities on employers to assess risks relating to sexual harassment at work and put safeguards in place to protect workers and prevent sexual harassment.

To prevent sexual harassment, employers first need to think about the risks around sexual harassment specific to the workplace. The fact is that it can happen in any organisation of any size in any industry.

Risk factors to consider include:

• The sector or industry
• Size and scope
• Different roles in the organisation
• Ways of working
• Balances of power

Some factors may make a business higher risk, for example:

• Employees regularly meet clients alone
• Working in environment where people routinely drink alcohol
• Overnight stays form part of work-related travel
• Work related social events (especially those involving alcohol)

It is also important to consider if some workers may be at a higher risk, such as very young workers, those with learning difficulties or disabilities or migrant workers.

When thinking about what steps to take to control the risks identified, it is important to consider the specifics of the business, such as whether sexual harassment has happened before or which third parties the employees are likely to come into contact with and where. 

Companies who fail to take reasonable steps to prevent sexual harassment may have action taken against them by the European Court of Human Rights (ECHR). They may also be liable to pay compensation at a higher rate if an employee takes their case to an employment tribunal and wins.

Preventing Sexual Harassment at Work

Steps to take to prevent sexual harassment at work include:

• Fostering a culture of mutual respect
• Having clear policies and procedures in place
• Ensuring all workers are told (as part of the onboarding process) that sexual harassment is not tolerated and will result in sanctions and consequences
• Encouraging employees to report any instances of sexual harassment that they experience or witness
• Keeping up to date with changes in law and legislation
• Putting controls in place such as panic buttons or pairing employees up to avoid meeting clients alone
• Conducting specific training on sexual harassment at work
• Carrying out surveys to find out about employee experiences of sexual harassment at work (can be done anonymously)

Sexual Harassment Training

Training on sexual harassment is vital for all workers, regardless of their level of seniority. Ensuring that everyone has completed training around sexual harassment forms a key part of a company’s preventative strategy.

Training could be done in person, online or as a mixture of both.

Training about sexual harassment at work should include:

• What sexual harassment is, including definition and examples
• Signs of sexual harassment in the workplace
• Identifying unlawful and unwanted behaviours
• Basics of The Equality Act 2010 and who is protected by it
• The importance of reporting both instances of sexual harassment and unsafe or risky situations (even if nothing has happened)
• Potential consequences of harassing someone at work
• How to report sexual harassment and what to expect to happen

Drafting a Sexual Harassment Policy

Some companies choose to create a specific sexual harassment policy as part of their commitment to preventing sexual harassment at work. This may help with the process of identifying risks and putting controls in place.

The policy should include:

• An explanation of what constitutes sexual harassment (including relevant examples)
• A statement that sets out an organisations position on sexual harassment (including that it is not tolerated, complaints will be taken seriously and investigated and that this applies to everyone regardless of their role)
• What someone should do if they feel they have a complaint to make (as either a victim or witness)
• Expectations for managers on how they should deal with sexual harassment complaints 
• Details about potential risks arising from third parties (such as customers or service users) and how this will be handled
• Support that is available for anyone affected by sexual harassment

Alternatively, details about sexual harassment may be included in a workplace policy on bullying or discrimination.

Improving Workplace Culture

To prevent sexual harassment and protect workers, it is important to create a positive and respectful environment. To create the right culture, companies should make clear the following:

• Sexual harassment is against the law and will not be tolerated
• Reports of sexual harassment will be taken seriously and investigated
• Anyone found guilty of harassing anyone at work will face consequences
• No one will be victimised for raising legitimate concerns (even if they cannot be upheld)

Instances of sexual harassment may be less likely in companies that champion equality, diversity and inclusion where everyone has a modern outlook and is treated with respect.

Even with all of the correct risks identified and controls in place it may not be possible to prevent every instance of workplace sexual harassment. In these instances, it is important that there are clear mechanisms for reporting and investigating claims.

Complaining about sexual harassment

If you have been the victim of sexual harassment at work you can make a complaint about it. Your employer may have a specific policy about sexual harassment in the workplace which may outline steps to take, for example who to make the complaint to.

People may be very nervous about reporting sexual harassment in the workplace, especially if they feel they will not be believed, the harassment is severe, or they are being victimised by someone in a position of power.

Employees should be given a range of options to make their sexual harassment report to, for example:

• A line manager or supervisor
• A senior manager
• HR
• Someone at work who has special training about sexual harassment complaints
• A trade union representative

You can choose to report sexual harassment in the workplace by making a formal or informal complaint.

Making a formal complaint is also known as raising a workplace grievance.

Someone may raise a grievance because:

• They tried making an informal complaint and nothing was resolved
• They consider the issue to be too serious to raise informally

Some instances of sexual harassment may also be reported to the police to be investigated as a crime. If a sexual harassment at work is being investigated by the police or is going to be prosecuted in a criminal court, this can affect the extent to which it can be investigated internally within the workplace. In these situations, it is best to seek professional advice about how to proceed so as not to interfere with any ongoing criminal investigations.

If you have experienced a pattern of unwanted sexual behaviour at work, try to keep a record of incidents including:

• Dates and times
• An overview of what happened
• Names of any witnesses
• How the situation made you feel

Keeping a record has evidentiary value and can also help you to recall details, which can be challenging in highly emotive situations.

It will also help with the investigation of you have any call logs, voicemails, texts messages, photos, emails or other communications to show as evidence.

If you have not kept a record of events, have no evidence and have no witnesses to the harassment, you can still report it and you should still expect it to be investigated.

What should companies do when sexual harassment is reported?

When a report is made about sexual harassment it is important that employers take the complaint seriously and begin an investigation into the allegations. Employers should handle investigations into sexual harassment:

• Fairly
• Sensitively
• In a timely manner

People may be afraid to report sexual harassment at work because for a number of reasons, for example they worry that they will not be believed or because they feel ashamed or embarrassed. Some people may also fear that making a complaint may affect it may have on their career prospects.  To try to mitigate these issues, employers should:

• Ensure that the procedure for reporting sexual harassment is as clear and simple as possible
• Consider allowing mechanisms for anonymous reporting
• Try to make sure that employees or anyone making a complaint are made to feel safe
• Conversations are professional and conducted in a way that upholds the complainant’s dignity and privacy
• Investigations are carried out by someone who is competent and impartial
• People who complain about sexual harassment at work are not victimised for making a complaint
• Keep good records about accusations and watch for patterns of behaviour

Allegations of sexual harassment may be raised by the victim of the harassment or from someone else who has witnessed the behaviour.

When investigating a sexual harassment claim, it is important to remain as balanced as possible and to keep an open mind, this includes:

• Not assuming that someone is guilty because you dislike them (or not guilty because you get on well with them)
• Not allowing other factors to influence your decision, such as how a person dresses or behaves outside of work
• Allowing a person’s position of power or seniority to influence the way you handle a situation
• Disregarding a person’s experience because you personally do not find the behaviour to be offensive
• Deciding that someone is a liar because there are no witnesses

It is important that employers do not ignore or attempt to cover up a sexual harassment complaint without doing any due diligence.

Sexual harassment decisions and actions

Employers must follow a full and fair procedure for handling complaints that is in line with the ACAS Code of Practice on Disciplinary and Grievance Procedures.

• Listen to the details of the complaint
• Carry out a fair investigation into the complaint
• Gather evidence from both sides
• Provide support to anyone affected by the situation
• Act in line with any law, legislation and company policy, for example the grievance procedure 
• Keep records that outline the steps of the investigation

Once an investigation has been carried out and the facts of the matter set out, a decision should be made about what action to take to resolve the matter. Any action taken should be proportionate, fair and within the law.

After a workplace grievance has been dealt with it is important to communicate the outcome with the person who raised the grievance, the person it was made against and anyone else who has been closely involved or affected.

Decisions and actions may include:

• Disciplinary action, such as the person who is guilty of sexual harassment being fired or receiving a written warning
• Providing additional training and/or extra supervision to the person who carried out the harassment
• Moving one of the parties to a different department or working schedule to keep them apart
• Deciding a complaint is ‘not upheld’ meaning that there was not enough evidence to support the claim, or it has been decided that the behaviour was not sexual harassment

When sexual harassment has been found to have taken place at work, it is vital that managers and employers take steps to prevent this type of behaviour from happening once again, including providing resources and training or changing systems of work.

If raising the issue formally and informally has not worked, employees may be able to take their case to an employment tribunal. They should aim to do this within three months of the most recent incident of sexual harassment.

Support and resources

If you have experienced sexual harassment at work and require advice or support, you can find helpful resources in the following places:

• Equality Advisory & Support Service (EASS)
• Victim Support (helpline and live chat available 24/7)
• The ACAS helpline on 0300 123 1100 (Monday to Friday 8am to 6pm)
• To report a crime you can call 101 – if you or someone else is in immediate danger, always call 999

Women who have experienced sexual harassment at work can get free legal advice from:

• Right of Women – England and Wales
• Scottish Women’s Rights Centre