‘Every employee has a right to be free from harassment at work’ The allegations against Hollywood producer Harvey Weinstein have been followed by more women speaking up about sexual harassment at work, with the #MeToo hashtag trending worldwide. But what
What is sexual harassment? Under the Equality Act 2010, sexual harassment is when someone engages in unwanted conduct of a sexual nature, which either violates the dignity of the recipient, or creates an intimidating, hostile, degrading, humiliating, or offensive environment for them.
Essentially, if someone’s behaviour is inappropriately sexual, unwanted, and makes you feel uncomfortable, it’s sexual harassment. It can come in many forms – from comments and jokes, to emails or messages, or more overt physical action.
Every employee has a right to be free from harassment when they’re at work – and it’s the duty of the employer to enforce that.
Don’t just dismiss it All too often, people dismiss what’s happening to them as “not being serious enough”.
They might feel embarrassed, or worried about the implications of “making a big deal”, particularly if the behaviour involves a colleague.
If you are unsure, discuss concerns with a friend or family member, or speak confidentially to your HR department or trade union.
Let them know they are crossing the line
If you feel able to, make it clear to the person harassing you their behaviour is unwanted and makes you feel uncomfortable.
If it continues, or you don’t feel able to speak directly to the harasser, raise your concern in writing with their line manager and HR.
What if it’s my boss or a senior member of staff making me uncomfortable?
You can go outside of your place of work to seek advice. Several services – like Acas, the Citizens’ Advice Bureau, and the Equality Advisory Support Service – offer free, impartial advice.
If the alleged harasser is particularly senior, the company can also get external help to make sure the investigation is impartial and you feel that you can speak freely.
What if I don’t think people will take me seriously?
An employer has to take allegations of sexual harassment seriously, not only because of the potential legal, financial, and social consequences, but also because they have a duty of care to their employees. Plus it is the right thing to do. If you spoken to your HR department, but believe nothing’s changed – or it feels you’re not being taken seriously – your manager should chase matters up on your behalf.
Ultimately you have the option to raise a formal grievance.
If no action is taken – or you’re penalised for raising the matter – you could submit a claim to an employment tribunal. Gather evidence Provide as much detail as possible of all incidents – including dates, times, and any witnesses.
Keep copies of relevant documents, including emails, texts, and any other communications. These will be considered at any grievance hearing.
I work for a small company with no HR department
Whatever the size as an employer they have to have a grievance procedure.
What should my manager do with my complaint?
Every complaint should be taken seriously.
Your manager or HR department should always investigate thoroughly, objectively, and impartially. The harassment should be looked at from your point of view.
Your company can only defend a claim for sexual harassment at an employment tribunal they can show they took reasonable steps to prevent the behaviour.