Sexual harassment is a serious issue in workplaces across the UK. From casual comments to explicit messages, it can take many forms. Whatever the form, it creates a hostile environment, and it’s not something anyone should have to put up with at work.
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According to research by the Trades Union Congress (TUC), more than half of women in the UK, around 52%, have experienced some form of sexual harassment in the workplace. The UK law protects you from this kind of unwanted behaviour. But to take action, you first need to know what actually counts as sexual harassment.
This article explains the legal definition of sexual harassment, types of behaviour involved, and what your rights are if it happens to you or someone you work with.
Key Takeaways
- Sexual harassment in the UK includes any unwanted sexual behaviour that violates dignity or creates a hostile or offensive environment.
- The behaviour does not need to be repeated; a single incident may be enough to meet the legal definition.
- Employers are legally required to take reasonable steps to prevent sexual harassment from taking place.
- Complaints can be made through HR, formal grievance procedures, or legal routes, including employment tribunals.
- Support is available from ACAS, Rape Crisis England and Wales, and the Equality and Human Rights Commission.
Legal Definition of Sexual Harassment in the UK
Sexual harassment is defined in UK law by the Equality Act 2010. It refers to any unwanted conduct with a sexual element that either:
- Violates someone’s dignity, or
- Causes an environment that is intimidating, hostile, degrading, humiliating, or offensive.
This definition applies in all workplaces across England and Wales, regardless of the size of the organisation or the type of work involved. It includes incidents that happen in person, online, during work-related social events, or in any setting connected with someone’s job.
Notably, the law focuses on how the behaviour is received, not whether it was intended to cause offence. Even if the person responsible believes their actions were harmless, it can still count as sexual harassment if it causes someone else distress or discomfort.
Employers have a legal duty to take reasonable steps to prevent sexual harassment from taking place. This includes having clear policies, responding appropriately to complaints, and taking action when concerns are raised. If they fail to do so, they may be held legally responsible.
What Behaviours Count as Sexual Harassment?
Sexual harassment can take many different forms, often extending far beyond what some might expect. Common behaviours that are considered include:
- Making sexual comments, jokes, or suggestive remarks
- Whistling, catcalling, or making inappropriate noises towards someone
- Staring, leering, or looking someone up and down in a sexual way
- Using sexual innuendos in conversations
- Persistent and unwanted flirting or sexual advances
- Asking inappropriate or personal questions about someone’s sex life or relationships
- Commenting on someone’s body, clothes, or appearance in a sexual context
- Sharing or sending explicit messages, images, or videos, including via text, email, or social media
- Contacting someone on social media in a sexual or inappropriate manner
- Talking about one’s own sexual activity in the workplace
- Circulating rumours of a sexual nature about a colleague
- Standing unnecessarily close to someone in a way that feels intimidating or sexual
- Displaying pornographic or sexually explicit material in shared spaces
- Following or watching someone repeatedly (stalking)
- Exposing oneself in a sexual manner (indecent exposure)
- Taking images or videos beneath someone’s clothing without consent (also known as ‘upskirting’)
Any of these actions, if they are unwanted and cause offence, embarrassment, or distress, may be considered sexual harassment under the Equality Act 2010. They do not have to be repeated. A single incident may be sufficient if it produces an adversary or degrading environment.
What Doesn’t Count as Sexual Harassment?
Not all uncomfortable situations in the workplace meet the legal definition of sexual harassment. Under UK law, the conduct must be both unwanted and sexual in nature, and it must either undermine a person’s dignity or result in a hostile, intimidating, or offensive atmosphere.
Some examples of what does not usually count include:
- One-off compliments with no sexual undertone (e.g. “Nice shoes”)
- Friendly workplace banter that isn’t sexual
- Accidental physical contact in crowded spaces (as long as it’s not deliberate or repeated)
- A genuine invitation for coffee or lunch that is not repeated after a clear refusal
However, context matters. A comment that seems innocent on its own may still contribute to harassment if it forms part of a wider pattern of inappropriate behaviour. The same is true if someone has already asked for certain behaviour to stop, and it continues regardless.
Sexual Harassment vs. Sexual Assault: What’s the Difference?
While they are related, sexual harassment and sexual assault are not the same under the law. Sexual harassment is a civil matter covered by the Equality Act 2010, while sexual assault and rape are criminal offences that break criminal law in England and Wales.
Sexual assault includes:
- Touching someone sexually without consent
- Forcing someone to engage in sexual acts
- Rape or attempted rape
If you’ve been raped or sexually assaulted, you can and should report the crime to the police as soon as possible. You can also contact organisations like Rape Crisis England and Wales for support.
It’s important to note that experiencing sexual harassment may lead to, or be part of, more serious forms of sexual violence, and both deserve proper attention.
Who Can Be Responsible?
Sexual harassment in the workplace isn’t restricted to conduct between co-workers. It can involve any individual you interact with as part of your work. The law recognises that harassment can come from a range of sources, including:
- Managers and supervisors
- Co-workers or team members
- Clients, customers, or service users
- Contractors, freelancers, or agency workers
- Visitors or third parties connected to your workplace
- Someone from another company or organisation during a joint project or event
Employers in the UK have a legal obligation to protect staff from harassment in any situation connected with work. This includes formal work settings, such as the office or a job site, as well as work-related events, conferences, business trips, or social functions. It also covers remote working environments and digital communication tools.
Importantly, employers can be held legally responsible if they do not take appropriate steps to prevent sexual harassment from taking place. This means they must have adequate policies, act on reports quickly, and foster a culture that takes the issue seriously.
Legal Protections and What to Do Next
If you have experienced sexual harassment in the workplace or believe that someone else has, you have rights under UK law. The Equality Act 2010 provides legal protection from unwanted conduct of a sexual nature, and there are clear steps you can take if you want to report it or seek support.
If You’re Affected:
- Keep a written record of what happened, including dates, times, locations, and details of what was expressed or done. Keep any messages, emails, or images as evidence.
- Speak with someone you trust, this could be a line manager, HR professional, or trade union representative.
- If the problem persists or is ignored, consider submitting a formal complaint through your employer’s grievance process.
- If your employer does not respond appropriately or the situation worsens, it is advisable to seek legal guidance. You may be eligible to bring a claim to an employment tribunal, but most cases must be submitted within three months minus one day of the last incident.
- Criminal conduct such as sexual assault or stalking should be reported to the police, as these are criminal offences under the law in England and Wales.
Support Services:
- ACAS offers confidential advice and guidance for workplace issues.
- Rape Crisis England and Wales provides specialist support for anyone affected by sexual violence, including harassment or assault.
- Equality and Human Rights Commission (EHRC) provides information on rights and employer responsibilities.
You should not be made to feel that speaking up about sexual harassment could jeopardise your job. The law protects you from being treated unfairly or facing retaliation by your employer for making a complaint.
The purpose of the law is to safeguard individuals who speak up and to ensure employers are held responsible if they do not take proper action.
Ready to Take Action? We’re Here to Support You
If you’ve been subjected to sexual harassment in the workplace, Gulbenkian Andonian Solicitors can help you move forward. Our team of sexual harassment lawyers has been advising clients across England and Wales for four decades, and we treat every case with the seriousness it deserves.
You have legal rights under the Equality Act 2010, and we’re here to make sure they’re upheld. Whether you’re considering a formal complaint, facing retaliation, or unsure about your next steps, we offer clear, confidential advice tailored to your situation.
Don’t let unwanted behaviour at work go unchallenged. Contact us today for a consultation. We’ll listen, advise, and act – on your terms. Your privacy is protected, and your concerns will be taken seriously from the start.
Call us or fill out our secure contact form. You deserve a safe and respectful workplace.
FAQs
Start by keeping detailed notes of the behaviour, including dates, times, and witnesses. If you feel safe, raise the issue informally. Otherwise, report it to HR or your manager. You can also contact a solicitor or a helpline for confidential legal advice and further support.
You can make a complaint by following your employer’s grievance procedure. Record the incidents, keep any messages or evidence, and report the matter to HR, a manager, or a trusted senior colleague. If internal steps fail, legal advice or support from ACAS can help you escalate the complaint.
Employers should implement a clear harassment policy, deliver regular training, and promote a respectful workplace culture. Encouraging open communication, addressing issues early, and providing clear reporting routes are key steps to prevent sexual harassment from taking place and ensure all staff understand the standards of acceptable behaviour.
Yes. Sexual harassment connected with work can occur outside of the physical workplace, for example, during business trips, work events, or online communications. Even if the incident happens after hours or in a social setting, it may still lead to a valid complaint if it relates to employment.
ACAS provides free, confidential guidance on workplace rights, including sexual harassment. They help employees and employers resolve disputes through advice and conciliation. ACAS can also support early resolution efforts before a claim is taken to an employment tribunal, helping both sides understand their legal obligations.
Dr Bernard Andonian is the Co-Founder of Gulbenkian Andonian Solicitors and a leading authority in UK immigration, human rights, family and civil litigation law. With over 40 years of experience, he brings a wealth of legal knowledge and courtroom expertise. A former Judge and a recipient of a PhD in Law from the University of West London, Dr Andonian has served on the Law Society’s Immigration Law Panel, where he played a key role in shaping national legal standards. His name is featured in the Legal 500 Hall of Fame, recognising his consistent excellence and influence in the field. Known for his practical approach and deep understanding of immigration law, he is frequently consulted for commentary on policy changes and legal reform.