UK Employment Law\ Employer & Employee\ Sexual harassment
Sexual harassment
This is where you receive unwelcome sexual behaviour. In the workplace, it can often be caused by an abuse of power. Your boss may think he or she is making an innocent remark or action, but you may take it as offensive. British law is on your side as it sides with the 'victim' not the 'perpetrator'.
It is difficult to come to one single definition for sexual harassment, but it can be said that the test is how it makes the recipient feel. It is also hard to say which part of the community suffers the most. Some surveys show half of working women have been affected – but it is also a problem for men of all ages.
Verbal sexual harassment
- Comments about appearance;
- Asking for sexual favours;
- Remarks made of an indecent nature;
- Remarks made about your sex life;
- Sexual demands from either sex;
- threats about your employment conditions linked to a request for sexual favours.
Non-verbal sexual harassment
- staring at a person's body;
- showing or displaying sexually explicit material (calendars, pin ups).
Physical sexual harassment
- touching, pinching, hugging, kissing;
- Sexual assault
- Rape
Can anything be done?
Try and talk to the person who is harassing you first. They might not realise that you consider what they are doing or saying to be sexual harassment. Try to maintain your authority whilst confronting them by keeping eye contact and speaking clearly. Tell them how their behaviour is affecting you and don’t let them shrug it off. You should also resist smiling or saying sorry to them for approaching them about the issue. Once you have made your point, walk away. If you cannot approach them face-to-face, then you could try writing down how you feel and sending it in a letter or email.
It is a good idea to keep records of your actions in order that you may be able to present this to your employer or a tribunal as evidence. Logging this in a diary is the best way.
If the issue persists then you should take the issue to the person’s line-manager, a workplace representative or a trade union. If the person harassing you is your employer, then you can take him/her to a tribunal if:
- it continues after you've told the person to stop and you've reported the issue to your employer;
- the person harassing you owns the company;
- you are not satisfied with any internal measures.
At the stage when you feel you’ve exhausted internal measures, you should approach a solicitor.
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