Sexual Harassment at Work

Sexual harassment at work is prohibited by the Equality Act 2010.

Sexual harassment can affect:

• Women
• Men
• People of any sexual orientation
• Job applicants
• Employees
• Workers
• Apprentices
• Others covered by the employment provisions of the Equality Act

The law can apply to conduct taking place in the workplace and, depending on its connection with employment, to behaviour at work-related events or through work-related communications.

Sexual harassment can have serious consequences for both the person experiencing it and the person accused of carrying it out.

What is Sexual Harassment?

The Equality Act contains several related forms of prohibited harassment and treatment that are important to distinguish.

1. Unwanted Conduct of a Sexual Nature

Sexual harassment occurs where a person engages in unwanted conduct of a sexual nature that has the purpose or effect of:

• Violating another person's dignity
• Creating an intimidating environment
• Creating a hostile environment
• Creating a degrading environment
• Creating a humiliating environment
• Creating an offensive environment

Potential examples can include:

• Unwanted touching
• Sexual comments
• Sexual jokes
• Sexual innuendo
• Persistent requests for dates
• Sexual propositions
• Suggestive gestures
• Sexual messages
• Displaying sexual images
• Leering
• Invading someone's personal space in a sexual way

The behaviour does not need to involve physical contact.

Sexual harassment can therefore occur through:

• Email
• Text messages
• Messaging apps
• Social media
• Video calls
• Images
• Verbal comments

A single sufficiently serious incident can potentially amount to unlawful sexual harassment.

2. Less Favourable Treatment After Rejection or Submission

Separate protection applies where someone is treated less favourably because they have:

• Rejected unwanted sexual conduct
• Submitted to unwanted sexual conduct

This can also apply to certain unwanted conduct related to sex or gender reassignment.

For example, an employee might reject a manager's sexual advances and subsequently find that the manager:

• Blocks a promotion
• Removes training opportunities
• Gives unjustified criticism
• Reduces responsibilities
• Treats them unfavourably in another way

The law can also apply where the employee submitted to the conduct but was then treated less favourably because of that submission.

3. Harassment Related to Sex

Harassment related to sex is legally distinct from sexual harassment.

It involves unwanted conduct related to the protected characteristic of sex that has the purpose or effect of violating dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment.

The conduct does not itself need to be sexual.

For example, repeated hostile or degrading comments based on stereotypes about women or men could potentially amount to harassment related to sex.

For further information, see Sex Discrimination.

When Does Conduct Amount to Unlawful Sexual Harassment?

The conduct must be unwanted.

Something can be unwanted even where the person experiencing it:

• Did not immediately complain
• Tried to laugh it off
• Participated in conversation because they felt uncomfortable
• Felt unable to challenge someone more senior
• Initially tolerated the behaviour

Workplace power imbalances are important.

An employee may feel unable to tell:

• A Manager
• A Senior executive
• An Important customer

to stop.

The absence of an immediate objection does not automatically mean the conduct was welcome.

Does the Harasser Need to Intend to Cause Offence?

No.

The person's intention can be relevant, but it is not decisive.

Conduct can amount to harassment where it had the prohibited effect, even if the person responsible says:

• I did not mean anything by it
• It was only a joke
• I thought they were comfortable with it

When deciding whether conduct had the prohibited effect, the Employment Tribunal considers:

• The Claimant's perception
• The Other circumstances of the case
• Whether it was reasonable for the conduct to have that effect

The legal test therefore considers more than either person's subjective view alone.

Does Sexual Harassment Have to Be Physical?

No.

Sexual harassment can take many forms.

Examples can potentially include:

• Sexual jokes
• Sexual comments
• Repeated comments about someone's body
• Unwanted sexual messages
• Sexual images
• Pornographic material
• Persistent invitations after rejection
• Suggestive gestures
• Unwanted touching

The circumstances and impact of the conduct will determine whether the Equality Act test is satisfied.

Can Sexual Harassment Happen Outside the Workplace?

Yes.

An employer can potentially be responsible for harassment occurring outside the normal workplace where the conduct is sufficiently connected with employment.

Examples can include:

• Office parties
• Work dinners
• Business trips
• Conferences
• Work-related drinks
• Work messaging groups
• Work-related social events

Whether conduct occurred in the course of employment is a fact-sensitive question.

Simply because employees know each other through work does not mean every interaction in their private lives will automatically be treated as occurring in the course of employment.

However, genuinely work-connected social activity can fall within the Equality Act even though it happens outside normal working hours or away from the office.

What if the Behaviour Happens Entirely Outside Work?

The position can become more complicated where conduct is genuinely private and unrelated to employment.

An employer will not necessarily be legally responsible for everything one employee does to another outside work.

However, the employer may still need to consider whether the matter has workplace implications.

For example:

• Employees may need to continue working together
• There may be safety concerns
• Workplace relationships may have broken down
• The conduct may affect wellbeing at work

The employer's own response must also remain lawful and reasonable.

What About the "It Was Only Banter" Defence?

Calling behaviour banter does not prevent it from amounting to sexual harassment.

A workplace culture in which sexual jokes or comments are common does not make otherwise unlawful conduct acceptable.

Equally, the fact that an employee previously participated in workplace banter does not necessarily mean that all future sexual behaviour is welcome.

Context remains important.

A person may:

• Feel pressured to join in
• Tolerate conduct because of workplace hierarchy
• Become uncomfortable as the conduct escalates
• Make clear that particular behaviour has crossed a line

An employee does not have to use a specific phrase or formally warn the harasser before legal protection can arise.

Can a Single Incident Amount to Sexual Harassment?

Yes.

There is no legal requirement for sexual harassment to happen repeatedly.

One sufficiently serious:

• Comment
• Touch
• Message
• Proposition
• Incident

can potentially satisfy the Equality Act test.

Repeated conduct may make a claim easier to evidence in some situations, but repetition is not a legal requirement.

Are Employers Liable for Sexual Harassment by Their Staff?

Potentially.

Under the Equality Act, an employer can be liable for unlawful harassment carried out by an employee in the course of employment.

This is known as vicarious liability.

The employer does not necessarily need to have:

• Authorised the behaviour
• Known about it
• Approved it

The individual accused of harassment can also potentially be personally liable.

A claim may therefore sometimes be brought against:

• The Employer
• The Individual harasser
• Both

Can an Employer Defend a Vicarious Liability Claim?

Potentially.

An employer may have a defence where it can establish that it took all reasonable steps to prevent the employee from committing the discriminatory act or acts of that description.

Relevant measures can include:

• Effective anti-harassment policies
• Meaningful staff training
• Refresher training
• Effective complaint procedures
• Appropriate management action
• Enforcement of policies

Simply having a written policy that employees do not know about or managers do not follow may not be sufficient.

Does an Employer Have a Separate Duty to Prevent Sexual Harassment?

Yes.

Since 26 October 2024, employers have had a specific preventative duty to take reasonable steps to prevent sexual harassment of workers in the course of their employment.

This is a proactive obligation.

An employer should not simply wait for someone to be sexually harassed before taking action.

Reasonable preventative measures can involve:

• Assessing risks
• Creating appropriate policies
• Training staff
• Training managers
• Providing clear reporting routes
• Responding effectively to previous incidents
• Considering risks from customers or clients
• Reviewing higher-risk working environments

What amounts to reasonable steps depends on the organisation and its circumstances.

What Happens if an Employer Breaches the Preventative Duty?

An employee cannot normally bring a standalone Employment Tribunal claim solely because the employer failed to comply with the preventative duty.

However, the Equality and Human Rights Commission can take enforcement action.

In addition, where an employee successfully brings a sexual harassment claim and the Tribunal finds that the employer breached the preventative duty, the Tribunal can increase the Equality Act compensation by up to 25%.

Is the Preventative Duty Changing?

Yes.

From 30 October 2026, the Employment Rights Act 2025 will strengthen the duty.

Employers will have to take:

All reasonable steps

to prevent sexual harassment rather than simply reasonable steps.

This means employers will be expected to take all preventative measures that are reasonable for their organisation rather than choosing only some reasonable measures.

The steps required will depend on factors such as:

• Organisation size
• Sector
• Nature of the work
• Identified risks
• Resources
• Previous incidents

The new rule has not yet taken effect as at 10 September 2026.

What About Sexual Harassment by Customers or Other Third Parties?

Third parties can include:

• Customers
• Clients
• Patients
• Service users
• Suppliers
• Contractors
• Consultants
• Members of the public

As at 10 September 2026, the employer's preventative duty already requires reasonable steps to prevent sexual harassment, including risks from third parties.

However, there is not yet the same general standalone Equality Act liability merely because a third party sexually harasses a worker.

That position will change shortly.

What Changes on 30 October 2026?

From 30 October 2026, the Employment Rights Act 2025 will introduce wider statutory liability for harassment by third parties.

An employer can be liable where:

• A Third party harasses an employee in the course of employment
• The Employer failed to take all reasonable steps to prevent the harassment

The new provision extends beyond sexual harassment to other forms of harassment covered by the Equality Act.

Employers with significant customer, client or public interaction should therefore take preventative measures before the new law comes into force.

Does Reporting Sexual Harassment Give Me Whistleblowing Protection?

Potentially, yes.

From 6 April 2026, sexual harassment expressly became a category of wrongdoing capable of forming the subject of a qualifying disclosure under whistleblowing law.

This is an important additional protection.

However, simply making any personal complaint does not automatically mean every sexual harassment complaint is legally protected whistleblowing.

To qualify for whistleblowing protection, you must normally reasonably believe that:

• The Information disclosed falls within a qualifying category
• The Disclosure is in the public interest

Public interest means that the disclosure must have a wider public dimension rather than concern only a purely private employment dispute.

For example, a disclosure may potentially involve concerns about:

• Sexual harassment affecting several workers
• A Culture of harassment
• Systemic failure to address complaints
• Risk of similar treatment occurring to others

For further guidance, see Whistleblowing.

What Protection Does a Whistleblower Receive?

Where the statutory whistleblowing requirements are satisfied, a worker is protected against detriment because of the disclosure.

Potential detriment can include:

• Bullying
• Reduced hours
• Lost training
• Lost promotion opportunities
• Other disadvantage

If someone with employee status is dismissed because of protected whistleblowing, the dismissal can be automatically unfair.

The ordinary unfair dismissal qualifying-service requirement does not apply to an automatically unfair whistleblowing dismissal.

Can I Still Bring a Claim if I Stayed Silent?

Yes.

You do not have to have confronted the person or immediately made an internal complaint before bringing a sexual harassment claim.

Employment Tribunals recognise that people experiencing sexual harassment may remain silent because of:

• Fear
• Embarrassment
• Workplace hierarchy
• Job security
• Career concerns
• Concern about not being believed
• Dependence on the person responsible

For example, an employee may be reluctant to complain where the alleged harasser is their line manager or a senior executive.

Delay in raising a complaint may be relevant evidence, but silence alone does not mean the conduct was welcome or that harassment did not occur.

What Steps Can I Take if I Experience Sexual Harassment?

Where you feel able and safe to do so, practical steps can include:

• Tell the person to stop
• Keep a record of what happened
• Record dates and locations
• Preserve relevant messages and emails
• Identify possible witnesses
• Report the matter to an appropriate manager
• Contact Human Resources where appropriate
• Seek support from a trade union
• Raise a formal grievance
• Consider legal advice
• Protect any Employment Tribunal deadline

You should not place yourself at risk simply to confront the alleged harasser.

If your line manager is the person you are complaining about, you may instead approach:

• A More senior manager
• Human Resources
• Another designated contact

For further guidance, see Grievance at Work.

What Should an Employer Do With a Sexual Harassment Complaint?

The employer should treat the complaint seriously and follow a fair procedure.

It should generally:

• Listen to the complaint
• Keep an open mind
• Investigate appropriately
• Consider evidence from both sides
• Protect confidentiality as far as reasonably possible
• Avoid retaliation
• Reach findings based on the available evidence
• Take appropriate action

An employer should not dismiss a complaint merely because:

• There were no witnesses
• The accused person is senior
• The accused person is well regarded
• The behaviour would not personally offend the investigator

The investigation should be fair to both the person making the complaint and the person accused.

Can I Claim Personal Injury Compensation for Sexual Harassment?

Potentially.

An Employment Tribunal does not ordinarily hear a standalone negligence personal injury claim.

However, where unlawful sexual harassment causes a recognised psychiatric or physical injury, compensation for that injury can potentially form part of the Equality Act award.

This is distinct from an injury-to-feelings award.

For example, prolonged harassment may cause:

• Anxiety
• Depression
• Post-traumatic symptoms
• Another recognised psychiatric injury

Medical evidence is often important where a separate psychiatric or physical injury is claimed.

What Compensation Can Be Awarded?

Depending on the circumstances, compensation for unlawful sexual harassment can potentially include:

• Past loss of earnings
• Future loss of earnings
• Lost benefits
• Injury to feelings
• Psychiatric injury
• Physical injury
• Aggravated damages in appropriate cases
• Interest

There is no general statutory cap on Equality Act discrimination compensation.

For claims presented on or after 6 April 2026, the current Vento guidelines for injury to feelings are:

• Lower band – £1,300 to £12,600
• Middle band – £12,600 to £37,700
• Upper band – £37,700 to £62,900

Exceptional cases can justify an award exceeding the upper band.

Where the employer has also breached the sexual-harassment preventative duty, an appropriate compensation uplift of up to 25% can potentially apply.

How is Psychiatric Injury Assessed?

Relevant matters can include:

• Severity of the injury
• Duration
• Ability to work
• Ability to cope with everyday life
• Effect on relationships
• Medical treatment
• Future prognosis
• Continuing vulnerability

Compensation may include:

General Damages

These can cover matters such as:

• Pain and suffering
• Psychiatric harm
• Loss of amenity

Financial Losses

These can include provable financial consequences such as:

• Lost earnings
• Medical expenses
• Other quantifiable losses

The Tribunal must avoid compensating twice for the same harm.

What Are the Time Limits for Bringing a Sexual Harassment Claim?

Employment Tribunal time limits are strict.

As at 10 September 2026, a sexual harassment claim will generally need to be started within:

3 months minus 1 day

from the most recent act of harassment included in the claim.

Before presenting most Employment Tribunal claims, you must normally notify Acas and begin Early Conciliation.

Notifying Acas within the applicable limitation period can pause the limitation clock and affect the final deadline.

For further guidance, see Employment Tribunal Proceedings.

What if the Harassment Continued Over a Period of Time?

A series of connected incidents can potentially amount to conduct extending over a period.

Where that legal test is satisfied, the time limit may run from the end of the continuing act.

However, separate incidents do not automatically become one continuing act simply because the same people are involved.

Whether there is a continuing act depends on the facts.

For further guidance, see Continuing Acts of Discrimination.

Are Tribunal Time Limits Changing?

Yes.

From 1 October 2026, the time limit for most Employment Tribunal claims will increase to:

6 months minus 1 day

The longer period applies where the relevant limitation period starts on or after 1 October 2026.

Where the limitation period started before that date, the previous rules will generally continue to apply.

An internal complaint or grievance does not normally pause the Tribunal deadline.

Can a Late Sexual Harassment Claim Still Be Accepted?

Potentially.

For Equality Act claims, the Tribunal can extend the normal deadline where it considers that allowing the claim would be just and equitable.

Relevant factors can include:

• Length of the delay
• Reason for the delay
• Effect on evidence
• Prejudice to each party
• Circumstances surrounding the harassment
• Steps taken to obtain advice

An extension is discretionary and should not be relied upon.

What if I Am Accused of Sexual Harassment?

An allegation of sexual harassment can be extremely serious.

Depending on the circumstances, the conduct may potentially amount to:

• Misconduct
• Gross misconduct

However, an allegation does not itself establish guilt.

Your employer should investigate the matter fairly before reaching conclusions.

For further guidance, see Gross Misconduct.

What Information Should I Receive About the Allegations?

You should normally be given enough information to understand and respond properly to the allegations.

Depending on the case, this may include:

• What you are alleged to have done
• When it allegedly occurred
• Where it happened
• Who was involved
• Relevant evidence
• Relevant witness information

Before a formal disciplinary decision is made, you should normally have a reasonable opportunity to respond to the case against you.

What Should I Do if I Am Accused?

Appropriate steps can include:

• Read the allegations carefully
• Preserve relevant evidence
• Identify relevant messages
• Identify relevant emails
• Consider possible witnesses
• Cooperate appropriately with the investigation
• Avoid discussing the case unnecessarily
• Avoid contacting the complainant directly
• Prepare an accurate account of events
• Consider legal or trade union advice

Relevant evidence may include communications through:

• Email
• Text
• Microsoft Teams
• WhatsApp
• Other messaging services

CCTV or other records may also be relevant.

You should not:

• Delete evidence
• Attempt to influence witnesses
• Put pressure on the complainant

Can My Employer Suspend Me?

Potentially, but suspension should not automatically follow every allegation of sexual harassment.

The employer should consider whether suspension is reasonably necessary.

Relevant factors can include:

• Risk to the investigation
• Risk to the complainant
• Risk to other workers
• Seriousness of the allegations
• Available alternatives

Suspension during an investigation should not itself be treated as a disciplinary finding.

For further guidance, see Investigations at Work.

Can I Be Accompanied?

There is not normally a statutory right to be accompanied at a purely investigatory meeting.

However, the employer may allow a companion under:

• Its Own policy
• A Reasonable adjustment
• Another appropriate arrangement

If the matter proceeds to a formal disciplinary hearing that could result in disciplinary action, you will normally have a statutory right to request accompaniment by:

• A Work colleague
• A Trade union representative
• A Trade union official

Bringing a Claim or Reaching a Settlement

Someone experiencing sexual harassment may be reluctant to take formal action.

Common concerns can include:

• Career impact
• Workplace relationships
• Stress
• Privacy
• Litigation
• Publicity

There are several possible routes and no single option will be appropriate in every case.

These can include:

• Informal resolution
• Formal grievance
• Employment Tribunal proceedings
• Negotiated settlement

Do I Need to Resign Before Bringing a Sexual Harassment Claim?

No.

You can bring a sexual harassment claim while you remain employed.

You do not need to resign simply because harassment has occurred.

Where the employer's conduct has made continued employment genuinely untenable, an employee may separately consider whether the circumstances could support a Constructive Dismissal claim.

However, resignation can materially affect:

• Income
• Negotiating position
• Employment rights
• Compensation

It should therefore be considered carefully.

Can a Settlement Be Negotiated?

Yes.

In some cases, the employee and employer may agree to resolve matters without continuing to a full Employment Tribunal hearing.

A negotiated exit may address issues such as:

• Termination date
• Compensation
• Notice
• Holiday pay
• Reference wording
• Confidentiality

The terms would commonly be recorded in a Settlement Agreement.

A settlement agreement cannot lawfully prevent a person from making a protected whistleblowing disclosure or reporting a crime to the police.

You should also be careful about agreeing financial terms before understanding:

• Potential claims
• Compensation
• Notice rights
• Other contractual entitlements

If resignation is being considered as part of a sexual harassment dispute, the legal and financial consequences should ideally be understood before the employment relationship is brought to an end.