Understanding Workplace Sexual Harassment

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Sexual harassment occurs when a person is subjected to unwanted conduct of a sexual nature that has the purpose or effect of violating their dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment. 

Conduct of a sexual nature can cover verbal, non-verbal or physical conduct including unwelcome sexual advances, touching, forms of sexual assault, sexual jokes, displaying pornographic photographs or drawings or sending emails with material of a sexual nature 

Importantly, intention is not required. Conduct may still amount to harassment even where it was not intended, if it has the relevant effect. When assessing whether conduct amounts to harassment, Employment Tribunals consider the individual’s perception, the wider circumstances, and whether it is reasonable for the conduct to have had that effect.

Sources:

Equality Act 2010 

What sexual harassment is - Sexual harassment - Acas 

Acas | Making working life better for everyone in Britain 

Sexual harassment in the workplace: Guidance for people professionals | CIPD 

Sexual harassment and harassment at work: technical guidance | EHRC 

Employers in the UK are prohibited under the Equality Act 2010 from discriminating against, harassing, or victimising employees or job applicants because of protected characteristics, including sexual harassment.

Employers may be held liable for unlawful acts committed by their employees in the course of employment. However, they may avoid liability if they can show they took all reasonable steps to prevent such conduct. Employees may also be personally liable for their own discriminatory acts.

Sexual harassment can occur through a wide range of behaviours and communication channels, including digital platforms. Examples may include:

• sexual comments or jokes
• displaying sexually graphic pictures, posters or photographs
• suggestive looks, staring or leering
• propositions and sexual advances
• 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
• spreading sexual rumours about a person
• sending sexually explicit emails or text messages
• unwelcome touching, hugging, massaging or kissing

A single serious incident may be sufficient to constitute harassment depending on severity and context. 

In a workplace dispute we supported, an employee experienced a sustained pattern of unwanted sexualised communication over several months. The conduct included:

• repeated sending of sexualised images via work and personal communication channels 
• inappropriate comments linked to those images 
• unsolicited messages outside working hours 
• intrusive personal questioning 

The employee retained contemporaneous evidence including messages and screenshots, which formed a key part of the internal investigation process.

Following formal representation and submission of detailed correspondence outlining potential breaches of UK discrimination and harassment law, the matter was resolved through a negotiated settlement following formal correspondence.

Note: Outcomes vary depending on individual circumstances, evidence, and employer processes. 

If you believe you are experiencing sexual harassment, our advice is:

• keep a written record of incidents  (dates, times, details, witnesses) 
• keep a diary of how each incident made you feel and the impact it had on your mental and physical health, and your relationships
• preserve evidence such as emails, messages, or screenshots 
• review your employer’s grievance and/or anti-harassment procedures 
• report the issue to HR or management           
• raise a formal grievance where appropriate 
• seek early advice from ACAS 
• understand your legal rights under UK discrimination law 

Can sexual harassment occur via WhatsApp or text messages? Yes, sexual harassment can happen through any communication channel, including WhatsApp, SMS, email, or workplace systems, where the conduct is unwanted and creates a hostile or offensive environment, as recognised under the Equality Act 2010.

Can one incident be enough? Yes, a single incident may qualify as sexual harassment if it is sufficiently serious and impacts the dignity or working environment of an individual, aligning with the definitions outlined in the Equality Act 2010.

What evidence is useful? Screenshots, emails, messages, and contemporaneous notes are particularly helpful in cases of workplace harassment. Additionally, witness accounts can support a complaint. 

Can an employer be responsible for sexual harassment? Yes. Employers can be legally responsible for harassment carried out by their employees or agents in the course of employment. This includes liability for acts of discrimination or harassment unless the employer can show they took reasonable steps to prevent it. Employers may also be liable for harassment by third parties where they have failed to take reasonable steps to prevent it, or where their response gives rise to unlawful discrimination. 

Can an employee be responsible for sexual harassment?  Yes. Employees may be personally liable for acts of sexual harassment they carry out during their employment. They will only be liable under the Act if their employer is also liable for the harassment, or if their employer would have been liable but is able to rely successfully on the ‘reasonable steps’ defence.

Can sexual harassment happen outside work? Yes, sexual harassment connected to work may still be relevant outside normal working hours.

Can I raise concerns informally?

In some situations informal resolution may help, although serious matters often require formal procedures.

Can I claim compensation? Yes, if successful, an Employment Tribunal may award compensation for financial loss and injury to feelings due to sexual harassment. Each case will depend on its specific facts. 

Do I have to go to an Employment Tribunal to claim compensation?  No. An Employment Tribunal is not always necessary. In some situations, an experienced HR Consultant can help by formally raising concerns with your employer and seeking an early resolution before legal proceedings become necessary. 

Most claims under the Equality Act 2010, including sexual harassment claims, must be submitted within 3 months less one day from the date of the last incident

Before submitting a claim, individuals must normally engage in ACAS Early Conciliation, which is a mandatory step. 

Employment Tribunal - GOV.UK  

Where a claim is successful, an Employment Tribunal may award compensation for financial loss, compensation for injury to feelings, and interest where applicable. Each case is assessed on its individual facts, including severity, duration, and impact.

Our HR Consultant supports employees experiencing workplace issues including discrimination, sexual harassment, unfair dismissal, grievance and disciplinary matters, other workplace disputes, and Employment Tribunal claims.

Step 1 — Initial Case Review

We offer an initial complimentary review of your situation to assess your circumstances and provide clear, professional guidance on whether we may be able to assist.

Step 2 — Formal Workplace Representation

Where appropriate, we can prepare detailed correspondence to your employer outlining the relevant workplace concerns, applicable employment legislation, and potential procedural issues. In some cases, matters can be resolved through early settlement discussions without the need for Employment Tribunal proceedings.

Step 3 — Employment Tribunal Preparation Support

Where disputes remain unresolved, we can assist with Employment Tribunal proceedings.

📧 Tracey@PracticalPeople.co.uk

📞 07939 132480

We aim to respond within the same working day where possible.

This guidance is written by Tracey Hirst, a FCIPD-qualified HR Consultant with more than 25 years’ experience in workplace investigations, disciplinary hearings and appeals, discrimination and sexual harassment cases, grievance procedures, and Employment Tribunal preparation support.  Her qualifications include FCIPD and MSc Strategic Management from Loughborough University. Tracey is the founder of Practical People.

Tracey has supported both employees and employers across a wide range of workplace disputes including sexual harassment, discrimination, victimisation, and unfair dismissal matters. 

LinkedIn:  Tracey Hirst FCIPD MSc | LinkedIn 

LinkedIn Recommendations:  Tracey Hirst FCIPD MSc | LinkedIn 

Practical People HR Consultancy Information:  About Us - Practical People 

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FairDeal4You™️ is a trading style of Practical People Limited who provide HR consultancy services only and are not a regulated law firm. We do not provide reserved legal services. This content is intended for general guidance purposes and should not be considered legal advice. Individuals should seek independent legal advice where appropriate. Practical People Limited holds professional indemnity insurance. 

Last Reviewed:  10 June 2026

Reviewed by: Tracey Hirst, FCIPD - qualified HR Consultant

Reviewed against: Equality Act 2010, ACAS guidelines, and EHRC technical guidance

FairDeal4You™️ is a trading style of Practical People Limited

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Keighley, West Yorkshire, UK