Speaking out about sexual harassment
Have you been sexually harassed or sexually assaulted at work, but kept quiet about it? Lots of people are in the same boat as you are: driven to keep silent because of feeling desperately ashamed, or the likelihood of being stigmatised or victimised, or the fear of losing your job.
In the past decade we’ve had several notorious sexual harassment/abuse legal cases, such as those involving the UK Arcadia clothing boss Philip Green and the American film director, Harvey Weinstein.
The latest allegations to hit the headlines in 2024 are about the sexual harassment and abuse perpetrated by the late Mohamed Al Fayed. Most of the allegations are about the time when he was the owner of the exclusive London retailer, Harrods (1985 to 2010) and some are even earlier. But the women involved have remained silent for all those years about what happened to them.
Why does it take years for powerful wealthy people to be brought to justice for their appalling sexual exploitation of their workers? How many people in similar positions of power are still sexually abusing their employees and continuing to get away with it? How can they be stopped from their sexual misconduct in the first place?
What is sexual harassment at work?
In brief, sexual harassment is defined by Equality Act 2010 as unwanted behaviour of a sexual nature that violates your dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment.
It includes such things as being coerced into a date or a romantic or intimate relationship against your will; receiving unwelcome remarks about your clothing or body; receiving unwanted letters, gifts or other material of a sexual nature; and using email or other forms of digital media to engage in any form of unwanted sexual messaging.
Importantly, sexual harassment can happen to anyone—male, female, transgender, or non-binary individuals. The law on sexual harassment doesn’t discriminate based on gender or sexual orientation, and it applies to both the harasser and the victim, regardless of their sex or gender identity.
Sexual harassment most commonly involves written or verbal comments of a sexual nature to or about you, or casual touching. However, when it involves actions such as repeated unwanted touching, stalking, indecent exposure or upskirting, it’s stops being harassment and becomes sexual assault, which is a criminal offence (and not dealt with here).
Sexual harassment and your legal rights
Sexual harassment is unlawful under the Equality Act 2010. The Act protects anyone who is sexually harassed at work and puts the main responsibility for preventing it or stopping it on the employer’s shoulders.
Existing laws have not been sufficiently robust however. October 2024 sees the implementation of a new law called the Worker Protection (Amendment of Equality Act 2010). This aims to strengthen existing laws in support of victims and intended victims of sexual harassment.
Amongst other things, these new provisions give an employment tribunal the right to award higher compensation to victims and to impose stricter rules on an employer’s duty to prevent sexual harassment at work (rather than just reacting to it).
The new amendment also means that, if you report incidents of sexual harassment at your place of work (where you may not be the victim of the harassment), your employer is legally obliged to investigate and take appropriate action. If they fail to act appropriately, and you get dismissed or treated badly because you’ve reported sexual harassment, you could have claims against them for unfair dismissal or victimisation.
What to do if you experience sexual harassment at work?
If you’re experiencing sexual harassment at work, here are the steps you should consider taking:
1. Recognise the behaviour: Familiarise yourself with what sexual harassment is in practice, as well as so far as the law is concerned.
2. Make a record of any incidents involving sexual harassment against you, including dates, times, and the nature of the behaviour. (See our guide on collecting evidence.)
3. Report the incident(s): Speak to your HR department and if that doesn’t result in prompt action, submit a formal grievance about it, using your company’s grievance procedures if they have them.
3. Seek legal help: You may worry about the costs of hiring a lawyer, but don’t let this stop you at least enquiring about legal support. Legal help can provide the protection and justice you deserve as well as being affordable. For example, Monaco Solicitors may be able to offer you an initial free consultation and no win no fee terms for such cases as sexual harassment.
4. Consider an exit package negotiation: A settlement agreement is a valuable option instead of just resigning, especially if you feel you want to get away from your work environment. After all, you shouldn’t have to continue suffering in a workplace where you have been demeaned and sexually harassed.
(See our guide on sexual harassment and settlement agreements for more.)
If you are experiencing or have experienced sexual harassment, be aware that you have legal rights in place to protect you. It’s time to break the silence!
What next?
Whether your problem at work relates to sexual harassment or anything else, get in touch with Monaco Solicitors if you’d like friendly and professional advice from an experienced team of specialist employment law solicitors. We only work with employees, so we understand where you’re coming from!
If you don’t know whether or not you have a legal case that’s worth making a claim for, click the ‘Get Started’ button below to find out.
