Sexual harassment at work remains one of the most serious employment law risks facing UK employers. The law imposes clear duties, and from 26 October 2024 those duties become proactive. Employers must not only respond to complaints but take reasonable steps to prevent sexual harassment before it happens, supported by robust contractual standards and workplace governance, including well-drafted employment contracts and aligned HR processes.
Under section 26 of the Equality Act 2010, sexual harassment is unwanted conduct of a sexual nature that has the purpose or effect of violating a person’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment. Liability can arise even where the conduct was not intended to cause harm. Employers should treat sexual harassment risk as a core UK employment law compliance issue.
What this article is about
This guide explains the legal definition of sexual harassment, provides workplace examples, outlines the current UK law and October 2024 changes, and sets out what employers must do to manage risk and prevent tribunal claims, including how to respond through fair procedures and how to reduce exposure to employment tribunal litigation. It is written for employers and HR teams managing day-to-day employment law for business obligations.
Section A: What Is Sexual Harassment?
Sexual harassment has a specific statutory meaning. Employers should understand the legal definition, not rely on informal or cultural interpretations. The threshold is lower than many assume and does not require repeated conduct or deliberate intent.
1. Definition of Sexual Harassment Under UK Law
Section 26 of the Equality Act 2010 defines sexual harassment as unwanted conduct of a sexual nature which has the purpose or effect of violating a person’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for them. For employers, the Equality Act framework is set out in the Equality Act 2010 employers guide.
Three elements must therefore be present:
- Conduct of a sexual nature
- The conduct is unwanted
- It has the purpose or effect described above
The “effect” limb is assessed by reference to the perception of the complainant, the other circumstances of the case, and whether it is reasonable for the conduct to have that effect. This means conduct can amount to sexual harassment even if the perpetrator did not intend to offend.
2. Definition of Sexual Harassment in the Workplace
Sexual harassment in the workplace includes behaviour occurring in the office, at work events, on business travel, during remote or hybrid working, and through email, messaging platforms or social media connected to work.
It can arise from a single incident. There is no requirement for a pattern of behaviour.
An employee does not need two years’ service to bring a claim. Protection applies from day one and extends to workers, job applicants, apprentices and certain office-holders.
3. What Does “Sexually Harassed” Mean?
A person is sexually harassed when they are subjected to unwanted sexual conduct that crosses the statutory threshold.
This may include behaviour that some individuals consider trivial or joking. The legal test does not depend on whether others were offended. It depends on the complainant’s perception and the objective reasonableness of that perception.
Conduct can be verbal, physical or non-verbal. It can be explicit or implied. It may also overlap with harassment related to protected characteristics such as sex discrimination or gender reassignment discrimination, depending on the facts.
4. Hostile Environment Sexual Harassment
Sexual harassment does not need to be directed at a specific individual. A “hostile environment” can arise where sexualised behaviour, jokes or imagery create an offensive working atmosphere.
For example:
- Persistent sexualised banter in a team
- Display of sexual images
- Normalisation of sexually explicit language
An employee who witnesses this conduct may bring a claim if their dignity is violated or their working environment becomes hostile.
5. Sexual Assault vs Sexual Harassment
Sexual harassment is a civil law concept under the Equality Act 2010. Sexual assault is a criminal offence under the Sexual Offences Act 2003.
Some conduct may amount to both. Unwanted touching can give rise to a discrimination claim in the Employment Tribunal and a criminal investigation.
Employers must treat allegations that may amount to criminal conduct with particular care and consider safeguarding and reporting obligations where appropriate, alongside their broader obligations to prevent workplace discrimination and maintain a safe working environment.
Section A Summary
Sexual harassment is defined in statute and includes any unwanted conduct of a sexual nature that violates dignity or creates a hostile environment. It does not require intent, repetition or physical contact. Protection applies from day one of employment and extends beyond traditional employees.
Section B: Examples of Sexual Harassment in the Workplace
Understanding the statutory definition is only the starting point. Employers must recognise how sexual harassment presents in practice. The conduct does not need to be extreme to meet the legal threshold. It often arises from behaviour that has been normalised within workplace culture.
Below are common examples of sexual harassment in the workplace. Whether conduct is unlawful will always depend on context and the statutory test under section 26 Equality Act 2010.
1. Verbal Sexual Harassment
Verbal conduct is one of the most frequent forms of sexual harassment. It may include:
- Sexual comments about a person’s body, clothing or appearance
- Questions about someone’s sex life
- Sexual jokes or innuendo
- Comments about sexual orientation
- Repeated requests for dates after refusal
Even remarks framed as humour can amount to harassment if they are unwanted and create a hostile or degrading environment.
2. Physical Sexual Harassment
Physical conduct ranges in seriousness and may include:
- Unwanted touching, hugging or kissing
- Brushing against someone deliberately
- Blocking someone’s path
- Attempted or actual sexual assault
Physical contact is not required for a claim. However, where it occurs, employers face heightened legal and reputational risk.
3. Non-Verbal Sexual Harassment
Sexual harassment may also occur without spoken words or physical contact. Examples include:
- Staring or leering
- Sexual gestures
- Displaying or circulating pornographic images
- Sharing sexualised memes or videos
- Sending sexually suggestive emojis
Such conduct can contribute to a hostile working environment even if not directed at a specific individual.
4. Online Sexual Harassment
Remote and hybrid working has expanded the ways in which harassment can occur. Online sexual harassment may arise through:
- Work messaging platforms
- Email communications
- Video calls
- Social media connected to colleagues
Digital conduct is treated no differently under the Equality Act. Employers remain potentially liable where the conduct occurs in the course of employment.
5. Third-Party Sexual Harassment
Sexual harassment may be committed by individuals who are not employees, such as:
- Customers
- Clients
- Service users
- Contractors
Employers should identify roles and settings where third-party contact is routine and ensure staff know how to escalate concerns. From 26 October 2024, employers are under a proactive duty to take reasonable steps to prevent sexual harassment of employees in the course of employment, which includes taking proportionate preventative measures in relation to third-party interactions.
Section B Summary
Sexual harassment can be verbal, physical, non-verbal or online. It can arise from a single incident and may be committed by colleagues, managers or third parties. Employers must assess conduct objectively against the statutory test rather than relying on workplace norms.
Section C: Sexual Harassment Law in the UK
Sexual harassment claims are governed primarily by the Equality Act 2010. From 26 October 2024, additional preventative duties apply under the Worker Protection (Amendment of Equality Act 2010) Act 2023. Employers must understand how these provisions interact and how tribunals assess compliance.
1. Equality Act 2010
Section 26 of the Equality Act 2010 sets out the statutory definition of sexual harassment. Employers should ensure internal policies reflect the statutory wording and align with their wider discrimination and equality obligations.
The Act makes it unlawful to:
- Subject a person to unwanted conduct of a sexual nature that meets the statutory test
- Treat a person less favourably because they have rejected or submitted to sexual harassment (section 26(3))
The second category is sometimes referred to as “quid pro quo” harassment. For example, denying promotion because an employee rejected sexual advances may amount to unlawful discrimination.
There is no qualifying period of service required to bring a claim. Protection applies from the start of employment and extends to workers, apprentices, job applicants and certain office-holders.
Claims are brought in the employment tribunal, where compensation for discrimination is uncapped.
2. Employer Liability and the “All Reasonable Steps” Defence
Under section 109 of the Equality Act 2010, employers are vicariously liable for acts of discrimination and harassment committed by employees in the course of employment.
Liability applies even if:
- The employer did not know about the conduct
- The employer did not approve of the conduct
An employer can avoid liability only if it proves it took all reasonable steps to prevent the employee from acting unlawfully.
Tribunals assess whether the employer:
- Had a clear and up-to-date anti-harassment policy
- Delivered meaningful training
- Enforced standards consistently
- Responded appropriately to previous incidents
Outdated policies or generic training are unlikely to satisfy the defence. Employers should ensure their standards are reflected consistently across contracts, handbooks and disciplinary frameworks, including their disciplinary procedure.
3. Worker Protection (Amendment of Equality Act 2010) Act 2023
The Worker Protection (Amendment of Equality Act 2010) Act 2023 came into force on 26 October 2024.
It introduces a new statutory duty requiring employers to take reasonable steps to prevent sexual harassment of their employees in the course of employment. This is distinct from the “all reasonable steps” defence under section 109.
The duty is proactive. Employers must assess risk and implement preventative measures before incidents occur.
The Act does not change the definition of sexual harassment under section 26. Instead, it strengthens employer obligations and increases scrutiny of workplace culture and preventative systems.
4. Compensation Uplift
Where a tribunal finds that sexual harassment has occurred and that the employer failed to comply with the preventative duty, it may increase compensation by up to 25%.
The uplift applies to compensation awarded to the claimant. It is not a standalone penalty but a financial consequence of failing to take reasonable preventative steps.
Compensation may include injury to feelings awards assessed in line with the Vento guidelines, financial losses and, in serious cases, aggravated damages.
5. EHRC Enforcement Powers
The Equality and Human Rights Commission (EHRC) has enforcement powers under the Equality Act 2006.
Where there is evidence of systemic failure to prevent sexual harassment, the EHRC may:
- Investigate an employer
- Enter into binding agreements
- Issue unlawful act notices
Enforcement action does not require an individual tribunal claim and may follow wider compliance concerns.
6. Time Limits for a Sexual Harassment Claim
A claim for sexual harassment must usually be brought within three months less one day of the last act complained of.
Before issuing a claim, the claimant must notify ACAS and engage in ACAS Early Conciliation. The limitation period is paused during this process.
Tribunals have limited discretion to extend time where it is just and equitable to do so.
Section C Summary
Sexual harassment is unlawful under the Equality Act 2010. Employers are vicariously liable unless they can demonstrate that they took all reasonable steps to prevent the conduct. From 26 October 2024, a proactive duty applies and failure to comply can result in a compensation uplift of up to 25%.
Section D: What To Do If Sexual Harassment Occurs
When sexual harassment is reported, employers must act promptly, fairly and in accordance with the ACAS Code of Practice on Disciplinary and Grievance Procedures. Failure to follow a fair process can increase legal risk and may result in compensation uplift of up to 25% in certain circumstances.
Handling complaints properly is both a legal obligation and a critical risk management step.
1. Reporting Sexual Harassment Internally
Employees should be able to report sexual harassment through clear and accessible channels. This typically includes:
- Raising the issue with a line manager
- Submitting a formal grievance
- Reporting to HR
- Using confidential reporting systems where available
Employers should ensure that their grievance procedure:
- Explains how to report concerns
- Provides alternative reporting routes if the complaint involves a manager
- Assures confidentiality as far as reasonably possible
Anonymous complaints should not be ignored, though investigation may be more limited depending on the available evidence.
2. Investigating a Sexual Harassment Complaint
All complaints must be taken seriously.
A fair investigation should:
- Be conducted without unreasonable delay
- Be handled by someone impartial
- Gather witness evidence
- Review documentary and digital evidence
- Produce written findings
Employers may wish to follow established principles for a workplace investigation to ensure procedural fairness.
Suspension should not be automatic. It should only be used where necessary and proportionate, and kept under review.
Confidentiality must be respected, though it cannot be guaranteed where disclosure is required for a fair process.
3. Disciplinary Action
If the investigation finds there is a case to answer, a disciplinary process should follow.
Employers must:
- Follow their disciplinary procedure
- Provide the accused employee with details of the allegations
- Allow representation at a disciplinary hearing
- Provide a right of appeal
Sanctions may range from a written warning to summary dismissal in cases of gross misconduct.
4. Protection from Victimisation
Under section 27 of the Equality Act 2010, it is unlawful to subject an individual to a detriment because they have carried out a protected act.
Protected acts include:
- Making a complaint of sexual harassment
- Supporting someone else’s complaint
- Giving evidence in proceedings
Employers must ensure that complainants and witnesses are not treated unfavourably because they raised concerns. For further detail, see guidance on victimisation at work.
5. Bringing a Sexual Harassment Claim
If internal resolution is unsuccessful, the individual may bring a claim in the Employment Tribunal.
Compensation is uncapped and may include:
- Injury to feelings awards
- Financial loss
- Aggravated damages in serious cases
Where the employer has failed to comply with the preventative duty introduced in October 2024, the tribunal may increase compensation by up to 25%.
Section D Summary
When sexual harassment occurs, employers must respond promptly, investigate fairly and follow the ACAS Code. Failure to act lawfully exposes the organisation to uncapped compensation, reputational damage and potential uplift for breach of the preventative duty.
Section E: Employer Duties to Prevent Sexual Harassment
Preventing sexual harassment is no longer limited to reacting to complaints. From 26 October 2024, employers are under a statutory duty to take reasonable steps to prevent sexual harassment in the course of employment. Tribunals will examine preventative measures closely when assessing liability and compensation.
A passive approach exposes the organisation to legal, financial and reputational risk.
1. The Preventative Duty (Post-October 2024)
The Worker Protection (Amendment of Equality Act 2010) Act 2023 requires employers to take reasonable steps to prevent sexual harassment of their employees.
This duty applies whether or not an incident has previously occurred. It requires employers to:
- Assess the risk of sexual harassment within their organisation
- Implement proportionate safeguards
- Review and monitor the effectiveness of preventative measures
What amounts to “reasonable steps” will depend on factors such as:
- The size and resources of the organisation
- The nature of the workforce
- Any previous complaints or known risks
- The degree of third-party contact
This duty is distinct from the “all reasonable steps” defence under section 109 of the Equality Act 2010. The preventative duty requires proactive compliance, not simply a reactive defence once litigation begins.
2. Sexual Harassment Policy Requirements
An effective anti-harassment policy is central to demonstrating compliance.
It should:
- Clearly define sexual harassment using statutory wording
- Provide practical workplace examples
- Set out accessible reporting routes
- Explain investigation procedures
- Confirm protection from victimisation
- State potential disciplinary consequences
Policies must be regularly reviewed and actively communicated. A policy that is outdated, inaccessible or unsupported by training will carry little evidential weight before a tribunal.
3. Training and Workplace Culture
Tribunals increasingly scrutinise the quality and frequency of training.
Employers should provide:
- Induction training for all staff
- Periodic refresher training
- Enhanced training for managers
- Clear guidance on challenging inappropriate behaviour
Training should be practical, scenario-based and relevant to the organisation’s operational risks. Generic online modules completed once and never revisited are unlikely to satisfy the preventative duty.
Senior leadership must also demonstrate visible commitment to standards of conduct. Workplace culture is often central to tribunal findings.
4. Risk Assessments and Third-Party Safeguards
Employers should identify environments where risk is heightened, such as:
- Client-facing roles
- Late-night or shift work
- Travel or overnight stays
- Work-related social events involving alcohol
Reasonable preventative measures may include:
- Clear behavioural standards communicated to customers and clients
- Visible anti-harassment statements in public-facing settings
- Contractual protections in supplier or client agreements
- Clear escalation procedures for third-party misconduct
Although there is no standalone statutory claim for third-party harassment under section 40 of the Equality Act 2010, employers must still take reasonable steps to prevent sexual harassment by third parties in the course of employment.
5. Constructive Dismissal Risk
Failure to address sexual harassment may amount to a fundamental breach of the implied term of mutual trust and confidence.
If an employee resigns in response to serious harassment or an employer’s failure to act, they may bring a claim for constructive dismissal in addition to discrimination claims.
Employers therefore face:
- Uncapped discrimination compensation
- Potential unfair dismissal liability
- Reputational damage
Proactive prevention is legally safer and commercially prudent.
Section E Summary
From October 2024, employers must take reasonable steps to prevent sexual harassment. Effective policies, meaningful training, risk assessment and consistent enforcement are central to compliance. Failure to act exposes organisations to compensation uplift and broader employment claims.
Section F: Sexual Harassment FAQs
1. What is sexual harassment at work?
Sexual harassment at work is unwanted conduct of a sexual nature that has the purpose or effect of violating a person’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment. The definition is set out in section 26 of the Equality Act 2010.
2. What are examples of sexual harassment in the workplace?
Examples include sexual comments, unwanted touching, sexual jokes, sharing explicit images, persistent requests for dates, leering, and inappropriate online messages. A single incident can amount to harassment if it meets the statutory test.
3. What is hostile environment sexual harassment?
Hostile environment sexual harassment occurs where sexualised behaviour, language or imagery creates an offensive or degrading atmosphere, even if not directed at a specific individual.
4. What should someone do if they are sexually harassed at work?
They should report the matter using internal procedures where possible, such as a formal grievance. If the issue is not resolved, they may contact ACAS and pursue a claim in the Employment Tribunal within three months less one day of the last act complained of.
5. Is there a time limit for a sexual harassment claim?
Yes. Claims must usually be lodged within three months less one day. ACAS Early Conciliation is mandatory before issuing proceedings and pauses the limitation period.
6. Can an employer be liable for sexual harassment by customers?
Yes. Employers must take reasonable steps to prevent sexual harassment in the course of employment, including harassment by third parties. Failure to do so may result in compensation uplift if harassment is proven.
7. Does an employee need two years’ service to bring a claim?
No. There is no qualifying period of service requirement for sexual harassment claims under the Equality Act 2010.
8. What compensation can be awarded?
Compensation is uncapped and may include injury to feelings awards, financial losses and, in serious cases, aggravated damages. Tribunals may increase compensation by up to 25% where the employer has breached the preventative duty.
Section G: Conclusion
Sexual harassment is a defined statutory concept under the Equality Act 2010. Employers are vicariously liable for unlawful conduct committed in the course of employment unless they can demonstrate that they took all reasonable steps to prevent it.
From 26 October 2024, employers are under a proactive duty to take reasonable steps to prevent sexual harassment before incidents occur. Failure to comply can lead to increased compensation awards and regulatory scrutiny.
Effective prevention requires clear policies, meaningful training, robust reporting procedures and consistent leadership standards. Employers should review their compliance framework to ensure it meets the higher standard now expected by tribunals and regulators.
Section H: Glossary
| Term | Definition |
|---|---|
| Sexual Harassment | Unwanted conduct of a sexual nature that violates dignity or creates a hostile environment under section 26 Equality Act 2010. |
| Hostile Environment | A workplace atmosphere made intimidating, degrading or offensive through sexualised conduct or behaviour. |
| Vicarious Liability | Legal responsibility imposed on employers for discriminatory acts committed by employees in the course of employment. |
| All Reasonable Steps Defence | A statutory defence allowing employers to avoid liability if they can prove they took all reasonable steps to prevent harassment. |
| Preventative Duty | The duty introduced by the Worker Protection (Amendment of Equality Act 2010) Act 2023 requiring employers to take reasonable steps to prevent sexual harassment. |
| Victimisation | Unlawful detriment imposed on someone because they made or supported a discrimination complaint. |
| ACAS Early Conciliation | Mandatory pre-claim process requiring parties to attempt conciliation before a tribunal claim can proceed. |
Section I: Useful Links
| Resource | Link |
|---|---|
| Equality Act 2010 | View legislation |
| Worker Protection Act 2023 | View legislation |
| ACAS Sexual Harassment Guidance | ACAS guidance |
| EHRC Guidance | EHRC website |
| Employment Law Services | DavidsonMorris Employment Law |
