Employment Tribunal Claims for Sexual Harassment

Sexual harassment at work is unlawful in the UK, and if your employer fails to take it seriously, you have the legal right to challenge it. If you’ve been sexually harassed at work, the Equality Act 2010 gives you the right to bring a claim against your employer at the Employment Tribunal.

This article explains how the claims process works, what steps to take if you’ve been sexually harassed at work, and what outcomes you can expect if your claim succeeds. Let’s get started.

Key Takeaways

• Sexual harassment at work is unlawful under the Equality Act 2010.
• You must act within 3 months less 1 day.
• Acas Early Conciliation is a required first step.
• Employers can be responsible if they fail to prevent harassment.
• Compensation may cover emotional harm and financial losses.
• A formal grievance strengthens your Employment Tribunal claim.
• Legal advice can improve your chances of success.

What Constitutes Sexual Harassment in UK Law?

Sexual harassment is classified as unlawful discrimination under the Equality Act 2010. It refers to unwanted behaviour of a sexual nature that either sabotages a person’s dignity or results in an atmosphere that is offensive, intimidating, humiliating, or degrading.

This includes behaviour that:

• Involves physical contact, such as touching or groping
• Includes verbal abuse, such as sexual comments, jokes, or propositions
• Occurs through non-verbal gestures, like leering or displaying sexually explicit images
• Happens online, including inappropriate messages, emails, or social media interactions

The harassment may come from a colleague, manager, client, or even a third party visiting the workplace. Employers can be held legally accountable for harassment that occurs in the workplace unless they can demonstrate they took appropriate steps to deter it.

When Can You Bring a Tribunal Claim?

If you’ve been sexually harassed at work, you may be able to bring a claim to the Employment Tribunal, but strict rules apply. Understanding the conditions and time limits is essential to protect your right to take legal action.

Time Limit for Bringing a Claim

In most cases, you must begin your claim within three months less one day from:

• The date the harassment last occurred, or
• The last in a series of related incidents

This deadline is strictly enforced. If you miss it, the tribunal may refuse to consider your case, even if the harassment was serious.

There are very limited exceptions. For example, if you’re dealing with the effects of trauma or ill health and can explain why you delayed, the tribunal may extend the time limit, but only if it considers it just and equitable to do so. You should not rely on this. It’s always safest to act quickly.

Do You Need to Go Through Acas First?

Yes. Before making a claim, you must first notify Acas (Advisory, Conciliation and Arbitration Service) and go through Early Conciliation. This is a required step for most employment disputes in the UK, including those involving harassment at work.

Early Conciliation is free and confidential. It usually lasts up to 6 weeks and gives a chance to settle without going to tribunal.

If conciliation doesn’t resolve the matter or if either party refuses to participate, you’ll receive an Acas certificate, which you need in order to proceed with your tribunal claim.

Has The Harassment Taken Place During Employment?

You must usually be an employee or worker when the harassment happens, or the harassment must be closely connected to your employment. This can include:

• Harassment during working hours
• Behaviour at work-related events or trips
• Messages or conduct from work colleagues outside work, if it relates to the workplace

Has Your Employer Taken Reasonable Steps?

An employer might try to defend a tribunal claim by arguing they took all reasonable steps to prevent sexual harassment, such as having policies, offering training, and dealing with complaints seriously. But if they failed to act when informed of the harassment, they are likely to be found liable.

Even when the harasser is personally at fault, the employer may still be held liable through vicarious liability if the harassment occurred in connection with the individual’s employment.

Also read: How to Report Workplace Sexual Harassment in the UK

How to Prepare for an Employment Tribunal Claim

If you’ve experienced sexual harassment at work and plan to bring a claim to the Employment Tribunal, preparation is key. Bringing a claim can be emotionally challenging and legally detailed, so it’s crucial to gather evidence early and follow the correct procedure.

1. Keep a Written Record of What Happened

Document everything as soon as possible. This includes:

• Dates, times, and locations of each act of harassment
• What was said or done
• Who was involved, including any witnesses
• How the behaviour made you feel (e.g. humiliated, unsafe, violated)

Write these notes objectively and clearly. This record can be used as crucial evidence in your tribunal proceedings.

2. Gather Supporting Evidence

The tribunal will expect to see credible, consistent evidence. Depending on the situation, this may include:

• Text messages, emails, or screenshots showing unwanted conduct of a sexual nature
• Workplace chat logs
• Copies of formal complaints or internal grievance letters
• CCTV footage (where applicable)
• Witness statements from work colleagues

You do not need to prove intent, just that the harassment took place and had the effect of violating your dignity or creating a hostile or offensive environment.

3. Check Your Employer’s Sexual Harassment Policy

Review your employer’s:

• Sexual harassment policy
• Grievance procedures
• Code of conduct
• Equality and diversity policies

These documents may show what steps your employer claims to take to prevent harassment. If they failed to follow their own process when you made a complaint, this may strengthen your case.

Employers who haven’t taken reasonable steps to prevent sexual harassment, such as offering training, handling reports properly, or enforcing their harassment policy, are more likely to be found liable.

4. Submit a Formal Grievance

In most cases, it’s advisable to raise a formal grievance before starting a tribunal claim. This allows your employer the chance to investigate the complaint and resolve the issue internally. 

The grievance should be:

• In writing
• Clearly state what sexual harassment took place
• Include a timeline and supporting evidence
• Outline what you want to happen next (e.g. disciplinary action, apology, compensation, or safeguarding measures)

If your employer fails to act or responds inadequately, you can use their response or lack of one as evidence at the tribunal.

5. Begin Early Conciliation with Acas

Before you can file a claim, you must contact Acas to start Early Conciliation. You can start the process by contacting Acas either online or by phone. They will act as a neutral mediator between you and your employer.

If conciliation fails or either party declines to participate, Acas will issue a certificate. You’ll need this certificate number to submit your tribunal claim.

Important: The three-month time limit for making a tribunal claim pauses during conciliation but resumes immediately after it ends.

6. Seek Employment Law Advice

While you can represent yourself, many claimants benefit from speaking with a specialist employment lawyer. A lawyer can:

• Assist you in estimating the strength of your claim
• Draft your ET1 claim form professionally
• Assist with evidence and legal arguments
• Represent you in tribunal hearings if needed

Free legal advice may also be available from Trade unions, Citizens Advice, and charities such as Rights of Women or the Equality Advisory Support Service.

What Happens at the Tribunal?

Once you’ve completed Early Conciliation through Acas and received your certificate, you can formally submit your claim to the Employment Tribunal.

1. Starting Your Tribunal Claim

The process begins with filling in the ET1 claim form, which outlines the details of your case, including what sexual harassment occurred, when it took place, and why your employer is legally responsible. The tribunal will review your form and decide whether to accept the claim.

Your employer will then have the chance to reply by filling out an ET3 form. This sets out their version of events and whether they admit or deny the allegations.

If they argue that they took reasonable steps to prevent sexual harassment, they’ll need to provide evidence, such as policies, training records, or investigation reports.

2. Preliminary Hearings and Case Management

After the initial exchange of documents, the tribunal may arrange a preliminary hearing.

This is typically used to clarify issues or deal with procedural matters, especially in complex cases involving multiple allegations of sexual harassment, ongoing misconduct, or where the employer challenges the tribunal’s jurisdiction.

3. Preparing for the Final Hearing

Before the final hearing, both sides are usually asked to submit a bundle of evidence, which can include witness statements, emails, workplace policies, and correspondence.

You’ll also need to provide a clear timeline of events showing how the harassment took place and how your employer failed to act.

4. The Final Hearing

At the hearing itself, a panel (usually a judge sitting alone or with two lay members) will hear evidence from both sides. You’ll be asked questions about your account, your reaction to the conduct, and what you expected your employer to do in response.

Your employer will also be questioned about what steps were taken to prevent sexual harassment and how they handled your complaint.

Tribunal hearings are formal but designed to be accessible. Most claimants represent themselves, but having legal advice can help you stay focused and avoid procedural missteps. 

Once all proof has been submitted and evaluated, the tribunal will reach a judgment on the outcome of your claim. If your claim succeeds, the tribunal must decide what remedies to award.

Possible Outcomes of a Successful Claim

If the tribunal finds that sexual harassment took place and your employer failed to take appropriate measures to prevent it, you may be awarded compensation. The tribunal can also make additional recommendations depending on the nature of your case and the employer’s conduct.

Compensation for Injury to Feelings

One of the most common outcomes is an award for injury to feelings. This recognises the emotional impact of being sexually harassed at work, including distress, anxiety, and the violation of your dignity.

The amount is based on the Vento guidelines, which set three bands for injury to feelings:

• Lower band: For isolated or less serious acts of harassment (£1,200–£12,100)
• Middle band: For more serious or prolonged harassment (£12,100–£36,400)
• Upper band: For the most severe cases (£36,400 to £60,700)

Tribunals may also award aggravated damages in rare cases, for example, if your employer handled your complaint of sexual harassment in a particularly insensitive or hostile way.

Financial Losses and Other Damages

In addition to injury to feelings, you may be entitled to claim for:

• Lost earnings, if the harassment caused you to leave your job or miss work
• Pension contributions or lost benefits
• Expenses incurred, such as counselling or medical treatment
• Any bonuses or commissions missed due to the harassment or its consequences

The tribunal will assess whether these losses are directly linked to the harassment at work or your employer’s failure to act.

Compensation Uplift for Mishandling Your Complaint

If your employer failed to follow the correct grievance procedure or didn’t take your complaint seriously, the tribunal may increase your compensation by up to 25%. This uplift is intended to penalise employers who mishandle harassment complaints or ignore sexual harassment policies.

Recommendations and Declarations

In addition to monetary compensation, the tribunal may:

• Make a declaration confirming that you were unlawfully discriminated against
• Issue a recommendation for the employer to take specific steps, such as implementing training, reviewing internal procedures, or improving the work environment.

Get to know: Your Rights if You’re Sexually Harassed at Work

Take the First Step Toward Justice

If you’ve encountered sexual harassment in the workplace, you don’t need to face it alone. At Gulbenkian Andonian Solicitors, our expert sexual harassment lawyers can advise you on your rights, assess your claim, and represent you throughout the tribunal process.

We’ve helped clients across the UK bring successful sexual harassment claims and secure the outcomes they deserve.

Contact us today. Your consultation is confidential, and your rights matter.