Sexual harassment tribunals are on the rise after new laws were introduced almost a year ago. The changes mean the onus is on employers to prevent such harassment in the workplace.
A recent Employment Tribunal underlines the importance of ensuring all your team understands what sexual harassment means. It’s not simply a physical or direct issue.
The Tribunal found that an employee who overhead colleagues making sexual comments was subject to sexual harassment. While the comments were not directed at the complainant, the Tribunal ruled that it still constituted sexual harassment.
Even harassment that isn’t within working time can leave employers open to litigation. An Employment Appeal Tribunal has overruled an earlier Tribunal regarding harassment of an employee outside of work!
Ensuring your organisation isn’t left open to sexual harassment claims is more essential than ever under the new law. We mentioned the new rules last year before they were introduced. At the time, 95% of employers were still unaware of the new laws just weeks before they were introduced.
While the Equality Act 2010 laws remain, the changes mean it’s no longer enough to say you’ve taken ‘reasonable steps’ to prevent people sexually harassing others.
What happens in sexual harassment tribunals?
We are hosting a live role play sexual harassment employment tribunal process. It takes place 23rd October – a year on since the new rules were implemented. To book your place, click here.
Before that event, we’ll look at what employers need to know about sexual harassment.
What constitutes sexual harassment?
Sexual harassment is unwanted behaviour of a sexual nature that either sabotages a person’s dignity or leads to an atmosphere that is degrading, humiliating, intimidating or offensive. This can include:
- Verbal abuse, for example sexual jokes, comments or propositions
- Physical contact, such as groping or touching
- Online messages, email or social media interactions
- Non-verbal gestures, including leering or showing sexually explicit interactions
Harassment can be made by colleagues, managers or clients. Third party visitors to the workplace can also harass an employee. Employers will be held legally accountable for harassment that happens in the workplace, or even away from it in a work context. That is unless you can demonstrate you took appropriate steps to deter such harassment.
What should an employer do?
It is important for an employer to have a clear procedure and try to deal with the complaint without it reaching a tribunal.
Whoever makes a complaint should be taken seriously. You should have a clear sexual harassment policy in place. And it’s also worth having an appointed person who employees can report harassment claims to. It is best to avoid line managers in this role.
Always keen an open mind and do not judge comments. Something you find inoffensive might not be to others. Do not doubt any complaints because no one witnessed it. And never cover up a complaint.
Always deal with the complaints, taking them seriously. All these efforts can avoid a case going to tribunal.
What happens before a tribunal?
Employees must notify Acas (the Advisory, Conciliation and Arbitration Service) in the first instance. This early conciliation is free and confidential and usually lasts up to 6 weeks. It gives the parties a chance to settle without going to a Tribunal.
If the matter remains unresolved, or if any part refuses to participate, the complainant receives an Acas certificate. This is necessary to proceed with the Tribunal claim.
What sexual harassment tribunals do
If you have followed a fair and clear procedure and have policies in place, this will be taken into account at tribunal. The employment tribunal will consider what an employer did to prevent sexual harassment. The law states that:
- An employer must take reasonable steps to prevent sexual harassment at work.
- Employers can be held responsible for harassment carried out by an employee if they have not taken all reasonable steps to prevent it.
There are strict time limits for making a claim to a tribunal. In most cases, it is three months minus one day from the date of the most recent sexual harassment.
If the limit has passed, an employee can still make a claim. But it is up to the judge to decide whether they will accept the claim. The consider whether there’s a good reason it took more than three months for the person to complain. They also consider whether it’s fair to the employer to allow the case to go ahead.
Join our session
Shrewd HR is the North East’s leading HR company. We’re not just here when things go wrong. We want to create the best culture for businesses of all sizes.
One way we do that is through workshops and events. On 23rd October 2025, we will be hosting a live role play sexual harassment employment tribunal process. This allows you to understand what happens during a tribunal. We’ll also cover what last year’s changes mean to businesses.