workplace sexual harassment lawyers.

sexual harassment in the workplace

Sexual harassment in the workplace has been an issue for women for many years and at didlaw, we here to support you if you have faced sexual harassment at work. 

The work we do in this space is mostly for women who have been sexually harassed but it is not uncommon for men to also be victims of sexual harassment, from banter to touching and even including rape. 

We have acted for women and men who have been subjected to sexual harassment and sexual assault in the workplace. 

What is the legal definition of sexual harassment?

Sexual harassment is defined as unwanted conduct of a sexual nature which violates your dignity, makes you feel intimidated, degraded or humiliated and/or which creates a hostile and offensive environment for you to work in.

Sexual harassment doesn’t have to be physical treatment only. Verbal harassment like lewd sexual comments or jokes are also covered. Any kind of touching of a sexual nature is prohibited by law.

Victimisation and retaliation

Victimisation occurs when an employee faces negative treatment due to performing a ‘protected act,’ such as filing a complaint about harassment. This unfavourable treatment may be based on the belief by the employer that the worker has already or might engage in  litigation. 

For example, if an employer dismisses a worker because they suspect the worker intends to report a harassment incident, this might constitute victimisation. Retaliatory actions might also involve denying a worker a promotion after they provide testimony supporting another colleague’s discrimination claim. This is regardless of the worker’s own protected characteristics. 

Employers are obliged by law to address these behaviours and take preventive measures. This includes offering harassment and victimisation training to all employees. Anti-harassment policies should clearly communicate and reassure workers that retaliation against anyone who reports or witnesses harassment will not be tolerated. 

Examples of sexual harassment in the workplace

Sexual harassment can be by someone in a position of power, a colleague, workmate or client. Even a member of the public. It can happen in person or can take the form of unwanted unsolicited messages, social media or email. 

Examples include:

• Being scrutinised on your work performance because you have refused a sexual approach by a manager or person in authority
• Having the work environment become hostile because you have refused an advance, spoken out about it, made or threatened to make a complaint about it
• Unwelcome touching, hugging or any form of physical contact, including getting inappropriate looks or gestures
• Sexual or suggestive comments, banter or “jokes – anything that makes you feel uncomfortable
• Intrusive questions about your private or sex life, sexual preferences, sometimes in the context of a “joke”
• Sexual assault including rape. The sad fact is that people do get raped at work. Unbelievable as this seems it does happen. 

Sexual harassment in the spotlight

Sexual harassment at work has been highlighted in the media and especially social media since the #metoo movement gained prominence and the arrests of sexual predators such as Harvey Weinstein and Jeffrey Epstein. 

We all know what it looks like and that it is unlawful unwanted conduct, but it still occurs in the workplace despite the best efforts of many employers to eliminate it through training and sanctions being applied to perpetrators.

The law is changing

From October 2024, there will be a significant change to the law around sexual harassment in the workplace. Every employer will have a legal duty to prevent sexual harassment at work. If employers fail they will be on the hook for hefty financial penalties if an employee brings a successful claim. 

Employers will be liable if they did nothing to prevent harassment. An Employment Tribunal has the power to increase compensation to the employee bringing the case up of up to 25%. 

If employers took some steps but did not do enough they will still be liable and lose the case although the uplift in compensation will not apply 

If employers take all reasonable steps and can prove they have they will not be punished. 

The aim of this change to the law is to beef up the protections because the law is currently not doing enough in this area. Only time will tell if this much-needed change will produce results. Let’s hope so. 

I am fearful of retribution if I complain about sexual harassment

Probably one of the more difficult aspects of being sexually harassed at work is the fear of what might happen to you, your income, your career and your reputation if you make a complaint. History is littered with examples of victim-blaming and women who have been singled out and treated badly because they do complain: look no further than Monika Lewinsky. Sometimes the treatment after raising a complaint of sexual harassment at work can be even worse than the treatment which led to the complaint. Employers can “punish” women who speak out and inadvertently “reward” perpetrators especially if that person is in a position of power or control. The power dynamic is especially tricky, but we have sadly seen it all before.

How can we help?

Sexual harassment lawyers can help with these situations. The main way didlaw can help you with this, other than by providing you with legal advice and steering you on a course to find a solution, is by supporting you and giving you the courage to speak out and deal with the problem. 

It will be difficult, turbulent, unpleasant, but you should not allow someone else’s misconduct to ruin your work and your life. 

The law protects you by providing a remedy and a sexual harassment lawyer from our team can guide you on your way.

The work we do in this area

Examples of the kind of work we do in this area include:

• Negotiating an exit package with financial compensation, an agreed reference and an agreement on non-disclosure of what has happened so that you can recover and rebuild your career in a better environment.
• Negotiating an exit for someone raped after the work Christmas party. 
• Negotiating a substantial settlement package for a lawyer who was sexually assaulted in the office in full view of a number of partners. The firm had subjected the victim to the most appalling campaign of picking her work to pieces to force her to exit. She suffered a significant mental breakdown and no longer works in law. 
• Assisting you with making a complaint. We understand how difficult this process can be and how much moral and emotional support you will need to embark on this difficult journey, including advising and assisting you if you wish to report the matter to the Police. 
• Negotiating an exit package for a senior male banker accused of sexual harassment which was a baseless complaint the complainant later retracted in full. The damage to his career and mental health was substantial. 
• Bringing formal litigation against your employer if we are unable to secure a settlement package and your employer wishes to defend the litigation. 
• Preparing you for and assisting you with attendance at formal meetings with your company if you wish to remain in employment. 

What about sexual harassment related to work but out of hours

In some situations, your employer might be liable for acts of sexual harassment that take place out of the workplace, for example unwanted conduct at a works’ drinks event or an overseas business trip.

There are many sexual harassment solicitors in London and across the nation. This shows the level of demand for advice on this unacceptable behaviour.

So why choose didlaw?

1. Our former and current clients will tell you how successful we are in achieving outcomes which will put right some of what you have suffered;
2. We are not just another law firm and we understand the sensitivity and difficulty of cases like this. Our client service is second to none as evidenced by our testimonials.

For more online resources you may wish to consult the following information:

Equality Human Rights

ACAS

Citizens Advice