Sexual Harassment in the Workplace

Sexual harassment in the workplace was not specifically legislated against until 2005, when a new section was added to the Sexual Discrimination Act of 1975.

This new section ensures that no one is subjected to unwanted sexual conduct in the workplace, whether this is verbal, non-verbal or physical. In the Sexual Discrimination Act, this conduct is defined as sexual harassment if, based on a person’s sex, it:

• violates dignity;
• creates an intimidating, hostile, degrading, humiliating or offensive environment; or
• if the person is treated less favourably on the grounds of rejecting this conduct.

The Employment Equality (Sexual Orientation) Regulations 2003 also include a provision that covers sexual harassment in the workplace.

Sexual discrimination at work

There are some cases when employers are exempt from sexual discrimination at work legislation, and this should be noted before you consider pursuing a case.

For example, an airline can refuse to employ a pregnant woman in the crew, under the Air Navigation Order 1985. Senior academic positions in some schools are also exempt from sexual discrimination rules.

However if you have a genuine work grievance, sexual harassment is treated very seriously. Awards in sexual harassment cases can be very high. Sexual harassment in the workplace is can also be an imprisonable offence.

Under sexual harassment law, employers are not responsible for the behaviour of employees, if they have taken steps to prevent it.
 
If you need further advice regarding sexual harassment in the workplace, call Ashby Cohen on 020 7408 1338 or visit our contact page for a free initial consultation.

Other elements of employment law that may interest you if you have experienced sexual harassment in the workplace, or you want to ensure it does not occur in your company, include bullying in the workplace, maternity leave law and unfair dismissal.