What Counts as Sexual Harassment in the Workplace?

No one wants to believe it could happen in their business. Yet sexual harassment is something that many organisations are still confronted with, and ignoring it isn’t an option. For employees, it can be devastating. For employers, it carries risks: reputational damage, tribunal claims, and a workforce that no longer feels safe or respected.

And since the Worker Protection Act came into effect, the message to employers has been clear. It’s not enough to deal with harassment when it occurs; you need to take real steps to stop harassment from happening in the first place. 

So what counts as sexual harassment at work, and what do you need to be doing to protect your people and your organisation?

What is Sexual Harassment?

Sexual harassment is any sexual behaviour that is unwanted, offensive, and that makes you feel uncomfortable, intimidated, humiliated, or scared. 

Under the Equality Act 2010, sexual harassment is defined as behaviour that either:

• Violates someone’s dignity or,
• Creates an intimidating, hostile, humiliating, or offensive environment. 

It can happen once or many times, in person or online, between colleagues or involving clients and customers. It’s the impact on the recipient that counts, not the intention of the person carrying out the behaviour. 

Examples Employers Should Be Alert To 

The reality is that sexual harassment doesn’t always look like an obvious line being crossed. It can be subtle, persistent, or dressed up as workplace ‘humour’. Some examples include:

• Comments about someone’s body, clothes, or appearance
• Intrusive questions about their relationships or sex life
• Sexual jokes or remarks about orientation or gender identity
• Sharing or displaying sexual images or content, including on social media
• Unwanted physical contact, from a “friendly” hug to something more invasive
• More serious conduct, such as sexual assault

And don’t assume it only happens in the office. A Christmas party, a client dinner, a WhatsApp group chat, if it’s connected to work, it can fall under workplace harassment.

What the Law Now Demands of Employers

Since October 2024, the Worker Protection Act has placed a proactive duty on employers. It’s not enough to simply have a policy gathering dust in a drawer. Businesses must show they are taking real steps to prevent harassment, including:

• Regular risk assessments
• Clear, up-to-date policies and reporting procedures
• Training for managers and staff on acceptable behaviour and how to handle issues
• Acting quickly and decisively when complaints are made

Employers also need to remember that responsibilities don’t stop with their staff. Harassment from customers, clients, contractors, or members of the public is included.

Handling Complaints Fairly and Quickly

When a complaint lands on your desk, how you respond is a crucial part. Employees need to feel their concerns will be taken seriously, whatever the circumstances. Employers should:

• Investigate promptly; delays can make things worse
• Treat both parties with sensitivity and fairness
• Keep matters confidential wherever possible
• Provide support for the individual making the complaint, while ensuring fairness for the accused

Some organisations use anonymous surveys or reporting tools to surface problems that might otherwise stay hidden.

Prevention is Always Better than a Cure

Policies are a starting point, but culture is what makes the difference. Employers can reduce risk and build trust by:

• Setting the tone from leadership, zero tolerance means zero tolerance
• Training managers to recognise and challenge inappropriate behaviour
• Watching out for higher-risk scenarios (work travel, alcohol-fuelled social events, power imbalances)
• Encouraging people to speak up, knowing they’ll be supported, not punished.

Creating a safe workplace is not only about avoiding claims, it’s about building an environment where people want to work and perform at their best.

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