It is your right to be protected from sexual harassment whilst at work. If you feel humiliated by offensive or intimidating behaviour of a sexual nature at work, you may be a victim of sexual harassment. This may relate to your sex, sexual orientation or gender reassignment. Your legal protection covers the conduct of your employer and extends to that of colleagues and third parties whilst at work. Although it mostly affects women, men can also be affected.
Sexual harassment can include behaviour such as indecent remarks, displaying sexually explicit material at work, sending offensive emails, or unwanted physical contact. It can be a single incident or a series of incidents. The key test is how it makes you feel - if you consider the conduct to be offensive or upsetting, and makes your work environment hostile, it may be sexual harassment, even if the perpetrator considers the remark or action to be innocent, or others consider the conduct to be acceptable. This could be the case if there is a culture of sexism at work.
If you have been sexually harassed, we can assist you in making a complaint, using your employer’s formal grievance procedure. Furthermore, sexual harassment may also give rise to a claim of sex discrimination. You should not be victimised for making a complaint, which sometimes happens if the employer is the source of harassment. We can also advise you on making a claim to the Employment Tribunal.
Sexual harassment may amount to a breach of your contract, and in some cases you may have a claim for constructive dismissal - we can advise you if this is the case.
I felt confident that my application was in the hands of an experienced lawyer. The process of filling out paperwork and providing documents was much less intimidating with my lawyer's guidance.
J Armstrong
September 2011