Sexual Harrassment

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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.

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

what our clients say

faqs

  • How do i report sexual harassment at work?

    If you wish to report sexual harassment at work, you should first check whether your employer has an anti-harassment policy in place; this should set out how sexual harassment can be reported. Employers operate a range of reporting systems; some state that harassment should be reported directly to a manager or HR, whilst others have transitioned to use anonymised reporting tools such as third party telephone helplines or online form submission.

    If your employer does not have a specific anti-harassment policy in place, you could also raise your complaint of sexual harassment by filing a grievance with your employer. Our lawyers are experienced in writing grievances and we will set out exactly what your desired outcomes are from the process. If you would rather not deal your employer directly, we can also request all communications about your grievance are sent to you via didlaw.

    Should you be unsatisfied with the handling of your sexual harassment report, you may have an actionable claim in the Employment Tribunal. There is a time limit to bring a claim of three months after the last instance of sexual harassment. Your didlaw lawyer will be able to advise you about time limits and lead you through the stages of making a claim.

  • What is considered sexual harassment at work?

    Sexual harassment occurs when a person (A) engages in unwanted conduct of a sexual nature, which has the purpose or effect of violating the dignity of another (B) or of creating an intimidating, hostile, degrading, humiliating or offensive environment for B. B may also suffer harassment if they are treated less favourably for rejecting or submitting to unwanted conduct of a sexual nature.

    The Equality and Human Rights Commission provide some examples of behaviour that could be classified as ‘conduct of a sexual nature’, which includes but is not limited to:

    • sexual comments or jokes
    • displaying sexually graphic pictures, posters or photos
    • suggestive looks, staring or leering
    • propositions, sexual advances and making promises in return for sexual favours
    • sexual gestures
    • intrusive questions about a person’s private or sex life or a person discussing their own sex life
    • sexual posts or contact on social media or sending sexually explicit emails or text messages
    • spreading sexual rumours about a person
    • unwelcome touching, hugging, massaging or kissing

    Our lawyers use their experience in negotiation and litigation to achieve our clients’ desired outcomes whilst minimising stress. After reviewing the facts, they can give you an honest assessment of your case and suggest some next steps towards resolution.

  • What is the sexual harassment at work act?

    Protection against sexual harassment in the workplace, or for being treated less favourably as a result of rejecting or submitting to sexual harassment, is set out in Section 26(2) and (3) of the Equality Act 2010.

  • What can I expect from a specialist sexual harassment lawyer?
    • Initial consultation: The process often begins with an initial consultation where you discuss the details of your situation.
    • Legal advice: A sexual harassment lawyer will provide you with legal advice regarding your rights and options. They can help you understand whether your situation qualifies as sexual harassment under the law.
    • Case evaluation: Your lawyer will evaluate the strength of your case. This involves considering factors such as the severity and frequency of the harassment and any evidence you may have.
    • ConfidentialitySexual harassment lawyers, and all lawyers as a matter of fact, are bound by confidentiality meaning they cannot disclose information about your case without your permission. This allows you to share details openly with your representative.
    • Strong communication: A didlaw lawyer will keep you informed about the progress of your case, provide updates on any developments, and answer any questions you may have.

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