Reporting and Addressing Sexual Harassment in the Workplace

Sexual harassment is a serious issue that affects individuals in various professional settings. It is crucial for both employees and employers to understand the proper procedures for reporting and addressing incidents of sexual harassment in the workplace. This blog post aims to provide a comprehensive guide on how to report sexual harassment and how employers should handle such cases.

Procedure to follow, following sexual harassment in the workplace

1. Recognising Sexual Harassment in the workplace – Before understanding the reporting process, it is essential to recognise what constitutes sexual harassment. It can include unwelcome advances, inappropriate comments, gestures or any other form of unwanted behaviour of a sexual nature that creates a hostile or intimidating work environment.
2. Knowing Your Rights – Familiarise yourself with your rights as an employee. Sexual harassment is prohibited by the Equality Act 2010. This legislation protects employees from harassment based on their sex, gender identity, or sexual orientation. You have the right to work in an environment free from harassment and discrimination.
3. Reporting the Incident – If you experience or witness sexual harassment in the workplace, it is important to report it promptly. Start by following your company’s reporting procedure, which should be outlined in your employee handbook or policy documents. Typically, you will be required to inform your line manager, human resources department, or designated person responsible for handling such complaints.
4. Documenting the Incident – Keep a record of the incident(s) in a detailed and chronological manner. Include dates, times, locations, and any witnesses present. This documentation will serve as evidence and support your case during the investigation process.
5. Confidentiality and Support – When reporting an incident, ensure that your employer guarantees confidentiality to the extent possible. They should also offer support and provide information on available resources, such as counselling services or employee assistance programmes, to help you cope with the emotional impact of the situation.  If you have been assaulted and choose to tell your employer, they should support you if you choose to report the matter to the police. They can be certain circumstances in which your employer will have to report matters to the police, for example if there is an ongoing risk to you or others.If your employer is going to report it to the police, they should talk with you about it first, and let you know when they’ve told the police.
6. Investigation Process – Once a complaint is filed, your employer is legally obligated to investigate the matter promptly and impartially. This may involve gathering evidence, interviewing relevant parties, and assessing the credibility of the allegations.
7. Disciplinary Actions – If the investigation confirms that sexual harassment in the workplace has occurred, appropriate disciplinary actions should be taken against the perpetrator. These actions can range from reprimands and warnings to suspension or even termination of employment, depending on the severity of the offence.
8. Preventive Measures – Employers have a responsibility to prevent sexual harassment in the workplace. They should implement robust policies, conduct regular training programmes, and foster a culture of respect and inclusivity. By creating a safe and supportive environment, employers can significantly reduce the occurrence of sexual harassment.
9. Detriment – If you are subjected to a detriment by your employer as result of making a complaint of harassment you can bring a claim in the Employment Tribunal. Examples of detriment include demotion, loss of benefits, unfair performance evaluations, denial of promotions or opportunities, isolation, or any other negative consequences that directly affect the employee’s employment or working conditions as a consequence of raising complains of discrimination. To succeed in a detriment claim related to sexual harassment, the employee must provide evidence that the harm suffered was a direct result of the sexual harassment they experienced. Detriment claims in cases of sexual harassment are essential for ensuring that employees are protected from unfair treatment and holding employers accountable for maintaining a safe and respectful work environment.
10. Time Limits and ACAS Early Conciliation – It is important to note that there are time limits for taking a sexual harassment claim to an employment tribunal. Generally, a claim must be brought within three months less one day from the date of the last incident. Additionally, before lodging a claim, an employee will need to go through early conciliation through the Advisory, Conciliation and Arbitration Service (ACAS). ACAS offers a free service to help resolve workplace disputes, including sexual harassment cases, through conciliation before going to a tribunal.

How can Taylor Bracewell’s Employment team assist you?

Sexual harassment is a serious issue that should never be tolerated in any workplace. By understanding your rights, promptly reporting incidents and ensuring that your employer takes appropriate action, you can contribute to creating a safer and more respectful work environment. Employers must prioritise the prevention of sexual harassment and respond promptly and effectively when incidents occur, fostering a culture that supports and protects all employees.

If you or someone you know is experiencing sexual harassment, it is crucial to seek support and take the necessary steps to address the issue.

Contact our Doncaster solicitors on 01302 341414 or our Sheffield solicitors on 0114 272 1884. Alternatively, you can fill out our online enquiry form.