Sexual harassment in the workplace
We represent those who have experienced sexual misconduct and harassment in employment.
We know it can be difficult to raise concerns or complain about sexual violence in the workplace.
Experiencing unwanted sexual conduct at work (whether it is verbal or physical or otherwise) is often traumatic and can feel shaming. Individuals are also naturally concerned about job security or potential damage to their career.
Examples of sexual abuse or harassment include:
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Sexual gestures, jokes or comments including about someone’s body, appearance or sex life.
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Unwanted sexual or romantic advances including pressure to go on dates or for sex
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Sexually explicit emails/texts (or similar) including sexually explicit or suggestive pictures or videos
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Unwanted touching or kissing (or attempts to)
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Sexual assault
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Rape
Get help today
It's important to remember that your employer has legal duties to protect you from sexual misconduct of any kind, as well as to provide a safe place of work. If they’ve failed in these duties then you may be able to claim against them. The law also protects you from being treated differently because you have complained about being subjected to sexual misconduct at work.
Our role is to expertly guide you through the process.
At Leigh Day we have unparalleled sexual abuse claim and employment law expertise. Recent case examples include:
- Harrods abuse claim
- McDonalds claim
- Woman who suffered severe workplace sexual harassment and assault receives £200,000 settlement
Some claims are best pursued as personal injury claims and others are better brought as claims in the Employment Tribunal. Our specialist abuse team and leading employment team work together to help you understand your options and work out the best route for you to seek legal redress.
It is sensible to get advice promptly to be able to understand your options. Our team of specialist lawyers are here to help.
You can speak to a member of our team here
Alison Millar
Partner
Alison Millar works in the human rights department at Leigh Day, where she is the head of abuse claims
Anna Barr
Associate Solicitor
Anna is an Associate Solicitor who specialises in abuse and human rights claims.
Leila Moran
Senior associate solicitor
Leila Moran is an senior associate solicitor in the employment department.
Nick Webster
Senior associate solicitor
Nick Webster is a senior associate solicitor in the employment team.
Mandy Bhattal
Senior associate
Mandy Bhattal is a senior associate solicitor in the employment department.
We know it can be challenging to know what kind of legal advice you need when you have experienced sexual abuse or unwanted sexual conduct in the workplace. Even taking the first step of contacting a lawyer can be daunting. Naturally you may have queries about the legal process – we have responded to some frequently asked questions.
Harassment can take many forms but in broad terms it is unwanted conduct of a sexual nature which causes you to feel humiliated, offended, degraded and/or your dignity violated.
It can be verbal, physical or written, and can occur even when you are not present (i.e. if someone makes comments of a sexual nature about you but not when you are present).
It covers all manner of behaviour that is because of a person’s sex and/or which is of a sexual nature. It also includes behaviour which results from your refusal to engage with conduct of a sexual nature.
It can also include sharing of comments, recordings or images that are offensive or degrading.
In civil law, sexual touching without consent will constitute a sexual assault. The civil law recognises that effective consent does not only require the individual to agree by choice to being touched, but that the individual has the freedom and capacity to make that choice.
Submission to being touched is not the same as giving consent.
For example, if a senior member of staff makes unwanted sexual advances towards a junior colleague in the workplace and the junior colleague submits to the advances due to the imbalance of power in their relationship, then in addition to being sexual misconduct, the senior member of staff’s behaviour may also constitute an actionable assault.
Get advice.
Your employer has legal duties to protect you from sexual misconduct of any kind, as well as to provide a safe place of work. If they’ve failed in these duties, then you may be able to claim against them. You can speak to one of our team here.
We can assist you from an early stage including before making any complaint to your employer. You may wish to also consult the following and we can discuss the various options available to you:
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Police
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Trade union
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Any relevant regulator, e.g. the GMC (for doctors), the SRA (for solicitors)
This is not uncommon; your employer not acting or not upholding your complaint does not necessarily prevent you from pursuing a legal process.
You should seek advice urgently so that you can understand how best to proceed, including whether you have grounds to pursue a legal process against your employer.
There are time limits for bringing legal claims against your employer. It is best to seek advice promptly to understand your options. For further information, please see the FAQ “How long do I have to bring a legal claim” below.
If you have been subjected to harassment because of your sex or harassment of a sexual nature, then you could pursue a claim in the employment tribunal.
If you have also lost your job or been treated differently as a consequence of the harassment or how you reacted to it, then you may also be able to pursue a claim in the employment tribunal.
You may also be able to pursue a claim for compensation in the civil courts for injury (including mental injury) or assault caused to you arising from the sexual abuse that you were subjected to.
At Leigh Day we have the experience and expertise required to effectively pursue personal injury claims and employment tribunal claims.
We would be able to assist you with both processes and our team will advise you and help you to decide which route is right for you.
In the employment tribunal, you must bring a claim within 3 months less 1 day of the act complained of. It is possible to extend this timeframe in certain situations, including if there is a series of events that occur over a period of time.
The main time limits which apply to sexual assault cases in the civil courts are:
- personal injury (including psychiatric injury and assault): three years from the date of injury
- breach of the Human Rights Act: one year less one day from the date of the human rights violation
The civil courts may delay the start of the time period in some circumstances including where the Claimant is a child or an adult lacking mental capacity.
The Court may also be prepared to consider the claim outside the normal time period where it is still possible to have a fair trial, the delay has not significantly impacted on the evidence the court would need to consider and there are good reasons for the delay.
We can advise you on the limitation periods which may apply in your sexual abuse case when you get in touch. But don’t delay - you will want to give yourself the best chance of success by helping us to preserve crucial evidence and avoiding any potential limitation challenges.
When considering whether to pursue a claim for compensation for abuse you have experienced, one of the main things you will want to know is how you will fund your case.
There are a variety of ways to fund an abuse compensation claim, and at Leigh Day we would discuss the different funding options available to you which may include whether we could offer a ‘no-win, no-fee’ arrangement (i.e. where you do not pay us unless we succeed in a claim and/or recover costs from the other party) and whether you have any pre-existing insurances or membership (for example, a trade union) that may cover legal fees.
Generally, in the employment tribunal, you are only at risk of paying the other party’s costs if you lose your claim or act in an unreasonable manner during the course of your claim. However, the costs risk is minimal in the employment tribunal as the losing party does not paying the winning party’s costs.
In a civil claim, if you lose after court proceedings are started you may be at risk of paying your employer’s costs. However, if your claim is a personal injury claim then this risk is limited, as the court will not usually enforce an order for costs against you if you lose, except in certain limited circumstances.
We would explain to you the risks and benefits of taking legal action and we will give you the best information possible about the likely costs of your claim for damages.
We know from experience that in many cases involving sexual harassment or abuse there is no or limited documentary evidence. This does not mean you cannot succeed in a legal claim.
Ideally it is best to keep and provide some kind of record of what has happened.
Evidence can take many forms including:
- Emails or texts/WhatsApp/Facebook exchanges
- Diaries or personal notes
- Medical records
- Minutes or notes from any meetings you have attended which are relevant to what you have experienced
It is not a barrier if you do not or cannot access these immediately as there are ways to obtain documents and information during the course of a case, including at the early investigation stage. We can advise you as to how best to evidence your claim.
The employment tribunal is a private process unless or until you have to attend a public hearing. Generally, this will only be the trial, which is at the very end of the litigation.
Civil claims are private until the claim is filed at court at which point basic and limited details could be available to the public. Hearings also tend to be public including interim hearings and the trial.
However, in both civil courts and employment tribunals, it is often possible to apply for anonymity and/or restricted reporting, which limits who or what can be reported on in the public domain. We have significant experience in dealing with these applications having successfully obtained these for multiple clients.
In the employment tribunal you can seek any loss of income or benefits caused by the act(s) complained of and compensation for the distress and upset caused by what you have experienced. You can also pursue compensation for the impact the act(s) had on your health and if there are any aggravating features of your employer’s behaviour. This would be in addition to a declaration that you have been subjected to harassment.
In the civil court, you may be awarded compensation for any injury (physical or mental) and monetary losses arising from the abuse such as loss of earnings, money spent on medical treatment such as therapy, items purchased to cope with your recovery, future losses, future treatment, pension loss etc.
The civil courts may also award additional compensation for injury to feelings to reflect the deliberate nature of the abuse.
We recognise that an apology from the Defendant may be important to you and we can advise you on the possibility of obtaining an apology for what has happened to you.
An employment tribunal claim usually takes up to around 18 months to conclude from the date the claim is issued. This can vary depending on which tribunal your claim is assigned to and the manner in which that tribunal manages the claim.
In the civil court, claims usually take up to two years to conclude from the date the claim is issued.
It may be possible in both civil and employment tribunal claims to negotiate a settlement in your case which can conclude the process at an earlier stage.
It is unlawful for an employer to treat you differently because you have complained about being subjected to sexual harassment or abuse at work. This is known as victimisation. You should keep a record of any change(s) you notice.
No, not unless you consented to do so, and we would run the day-to-day legal process on your behalf.
If you want to understand more about your rights, please submit your enquiry here.