Sexual Harassment

Get Legal Advice For Employers Defending Sexual Harassment Claims By Employees

What Is Sexual Harassment?

Unwelcome or offensive sexual behaviour that makes a worker feel unsafe, humiliated, or intimidated.

Why Employers Must Investigate

– Legal duty: Required under the ERA 2000 and Human Rights Act. – Health & Safety duty: Protects psychological wellbeing at work. – Good faith: Complaints must be taken seriously and dealt with promptly.

How to Investigate (Procedural Fairness)

. Receive complaint — acknowledge promptly. 2. Plan investigation — appoint impartial investigator. 3. Inform the alleged harasser — outline allegations clearly. 4. Gather evidence — interviews, documents, digital records. 5. Reach findings — balance of probabilities. 6. Take proportionate action — warnings, termination, training.

Test of Justification

Would a fair employer have investigated thoroughly and acted to protect the complainant? Final Word Delays, bias, or ignoring complaints create major legal risk. Investigate early, act fairly.

Sexual harassment in the workplace is a double-edged sword for the employer as it sets one employee against another. Both deserve compassion and support.

When an employee raises an allegation of sexual harassment, the first responsibility of an employer is to respond with empathy and care. Allegations of this nature are deeply personal and can be distressing for the person making the complaint. Employers should create a safe, supportive environment from the outset. This means listening carefully, taking the complaint seriously, and reassuring the employee that their concerns will be addressed fairly and confidentially. Offering immediate support — such as allowing a support person, referring them to counselling services, or making temporary adjustments in the workplace — can make a significant difference to the employee’s wellbeing.

Equally important is how the alleged perpetrator is treated. While it is vital to support the complainant, employers must also remember that the allegation has not yet been tested. The accused employee should be informed of the complaint in a clear, respectful way and given the chance to respond. In some cases, temporary measures, such as separating the employees or adjusting duties may be necessary while the matter is investigated. Handling both parties with fairness and dignity helps maintain trust in the process and avoids claims of bias.

Speak To Us Privately

Our Case Process

Detailed Planning

We start by establishing the facts, identifying the issue and explaining the legal bits so we can get started on solving your employment problem. We want you to have peace of mind from the beginning of your journey with us.

Consultation

Next, we discuss your expectations and any risks we think you are facing, evaluate all evidence and prepare an action plan so you get the best outcomes. We prepare you for what’s to come and what you can expect.

Settlement

In the last part of our process, we prepare you for attending any meetings and complete the outcome as cleanly and as quickly as we can. We strive to protect our clients and get you the best results.

participants at a sexual harassment meeting

The employers also have strict legal obligations as they must take all practicable steps to provide a safe workplace, free from harassment and discrimination.

This means investigating complaints promptly, thoroughly, and in good faith. Investigations need to be impartial, well-documented, and based on clear evidence. Both parties must be given an opportunity to be heard before any conclusions are reached. If the allegation is substantiated, appropriate disciplinary action should follow; ranging from warnings to dismissal, depending on the seriousness of the conduct.

A firm, well-communicated sexual harassment policy is essential. The policy should outline what constitutes harassment, how complaints can be made, and what process will follow. Training managers and staff on this policy ensures everyone understands their rights and responsibilities. Employers who fail to address sexual harassment risk legal consequences such as personal grievance claims or liability under the Human Rights Act and reputational harm and damage to workplace culture.

By combining compassion with a strong legal process, employers can ensure that allegations are handled fairly, employees feel safe, and the workplace remains respectful for all.

DISCUSS YOUR CASE