Introduction
Sexual harassment in the workplace is a serious issue that can have lasting emotional, psychological, and professional consequences. Under the Equality Act 2010, sexual harassment is unlawful in the UK, and since the Workers Protection Act became effective in October, 2024 employers have a legal duty to protect staff from it. Despite this, many people are unsure of how to report harassment or what to expect once they do.
This guide is designed to help you understand your rights, explore both informal and formal reporting routes, and know what support is available. Reporting can feel daunting, but knowing the process – and your protections – can help you take the first steps with more confidence.
Whether you’re unsure about raising an issue with HR and your legal protections, considering a formal grievance or seeking legal recourse, or want to know how to access the right support, we will walk you through what you need to know.
What Counts as Sexual Harassment?
Sexual harassment includes any unwanted behaviour of a sexual nature that either:
- Violates your dignity,
or
- Creates an intimidating, hostile, degrading, humiliating or offensive environment.
It doesn’t matter whether the behaviour was intentional – the key issue is if it had one of these effects on you.
Examples of sexual harassment include:
- Sexual comments, jokes, or innuendos.
- Inappropriate touching or physical contact.
- Suggestive looks or gestures.
- Invasive or inappropriate personal questions.
- Sharing explicit images, messages, or videos.
- Repeated unwanted requests for dates or sexual attention.
It’s important to note that “office banter” is not a legal defence. If the behaviour is unwanted and makes you feel uncomfortable or unsafe, it could be sexual harassment.
Harassment can come from anyone – a colleague, line manager, client, contractor, or third party. It can happen in person, over email, on the phone, or via messaging apps.
Preparing to Report
Document Everything: Before you take any formal steps, it helps to keep a detailed record of what’s happened. Include:
- Dates and times of each incident.
- Where it happened.
- What was said or done.
- Who was involved.
- Any witnesses present.
- How it made you feel or how it impacted you.
If the behaviour continues, maintaining a timeline of incidents can strengthen your case.
Keep these notes safe – ideally in a private digital file or in a secure physical space.
Recording Incidents:Some people consider recording audio or video as proof. Be cautious. While this might feel empowering, it may not be legally admissible and could breach your employer’s policies or UK data protection laws.If you’re thinking about using recordings, seek legal advice first.
Choosing How to Raise the Issue
Informal Route: In some situations, especially when the behaviour is isolated or seems unintentional, you may choose to resolve the issue informally.
Options include:
- Address the behaviour with the person enacting harassment and ask them to stop. You make wish to have a private conversation with them or do so via email. Inform them that if it occurs again, you will formally report it.
- For many people, directly challenging the harasser will not feel possible. In this instance, approach a colleague, your line manager, a member of the People Team or a Trade Union Representative to join you when you have the conversation.
- Informal action may also be enacted by an Active Bystander who witnesses harassment and chooses to address it with the individual(s) concerned.
- If you are unsure of whether sexual harassment has happened, you may wish to raise something informally with your line manager or a member of your HR Team in the first instance to seek guidance.
Informal routes aren’t appropriate for all cases, particularly if the behaviour is repeated, serious, or makes you feel unsafe. You’re under no obligation to resolve things quietly.
Formal Complaint: If the behaviour continues, or if you don’t feel safe approaching the person, the next step is to file a formal grievance using your company’s complaint procedure.
This usually involves:
- Submitting a written report.
- Outlining what happened and when.
- Including supporting evidence (emails, diary entries, witness names).
- Naming what you would like the outcome to be. We cannot guarantee this will happen but it can be empowering to consider what actions you want your employer to take.
Filing a grievance should trigger a formal investigation and may lead to disciplinary action or other measures.
Navigating the Internal Complaint Process
Step 1: Talk to Someone You Trust.
Before filing a complaint, it can help to speak to someone confidentially. This could be:
- A union representative.
- A workplace mental health advocate.
- A trusted colleague or mentor.
They may help you process what’s happened, offer guidance, or even attend meetings with you for support.
Step 2: File a Grievance.
To make a formal complaint:
- Submit your grievance in writing (email or form, depending on company policy).
- Include all key facts, eg: dates, events, names, locations, and how the behaviour affected you.
- Attach any supporting documents, screenshots, or records.
- Name the outcome you would like. We cannot guarantee this will happen but it can be empowering to consider what actions you want your employer to take.
- Request written confirmation that your complaint has been received and will be investigated.
Step 3: Investigation & Outcome.
Once submitted, the company should:
- Appoint an impartial investigator.
- Carry out interviews with you, the accused, and relevant witnesses. You always have the right to have someone accompany you to these interviews.
- Keep you informed throughout the process.
Possible outcomes might include:
- Disciplinary action against the harasser.
- A change in team structure or reporting lines.
- Workplace training or policy updates.
- Written warnings.
You should receive a written summary of the findings and be told of any actions taken (within confidentiality limits).
Understanding Your Legal Rights
Equality Act 2010: Under the Equality Act, sexual harassment is unlawful, and all employees, job applicants, contractors, and interns are protected. Employers are legally responsible for harassment by their staff unless they can show they took “all reasonable steps” to prevent it, such as clear policies, staff training, and swift action when complaints arise.
Protection Against Victimisation: You are also legally protected from victimisation, which means facing negative treatment because you reported harassment or supported someone who did.
Victimisation can include:
- Being ignored or excluded.
- Being denied promotions or opportunities.
- Being given poor performance reviews unfairly.
This kind of retaliation is unlawful and you can take legal action if it happens.
When to Escalate Outside the Company
Legal Help and Whistleblowing: If your employer ignores your complaint, fails to act, or the harasser is in a senior position, you may need to escalate the issue externally.
Options include:
- ACAS – Offers free advice and early conciliation if you’re considering a tribunal.
- Protect – Specialises in whistleblowing support.
- An employment solicitor – Can advise you on your rights and whether you have a case.
Whistleblowing laws protect workers who report serious wrongdoing in the public interest, which may apply if the harassment is part of a wider toxic culture.
If the Situation Involves a Crime: If the harassment involves sexual assault, rape, stalking, or other criminal offences, you can report it to the police. However, your employer should not pressure you and support whatever decision feels right for you.
Taking Your Case to a Tribunal
Time Limits and Criteria: If you decide to bring a case to an employment tribunal, you must act quickly. The deadline is:
- 3 months minus 1 day from the most recent incident of harassment or victimisation
If the tribunal believes the delay was reasonable (e.g. due to trauma or ongoing processes), they may extend the timeframe – but it’s not guaranteed.
Before making a claim, you must contact ACAS for early conciliation.
Employer Liability: The tribunal will look at how your employer responded to your complaint, whether policies were followed, and what preventative steps were in place. If the employer mishandled your grievance or failed to protect you, this could strengthen your case.
Mental Health and Ongoing Support
Emotional Impact of Harassment: Sexual harassment can be deeply distressing. It may affect your:
- Confidence.
- Mental health.
- Performance and attendance.
- Relationships at work and home.
It’s common to feel anxious, isolated, or unsure about what to do. Self-care, counselling, and connecting with trusted support networks can help.
Where to Find Help: Many workplaces offer Employee Assistance Programmes (EAPs) with access to counselling and mental health support.
You can also contact:
- Your GP for referrals to therapy.
- Local mental health charities or support groups.
- Helplines that specialise in sexual violence and trauma.
After the Complaint: What Happens Next?
If the Complaint is Upheld: If the investigation supports your complaint, outcomes may include:
- Disciplinary action against the perpetrator.
- A change in team dynamics, roles, or reporting lines.
- Workplace culture or training initiatives.
You have the right to be told about the general outcome – even if details are limited due to confidentiality.
If the Complaint is Not Upheld: If your complaint isn’t upheld, this doesn’t mean your experience isn’t valid. It may be due to lack of evidence or conflicting accounts.
Next steps might include:
- Mediation.
- Additional training for the team.
- Workplace adjustments or support for your wellbeing.
If you feel dissatisfied, you can still escalate externally or seek legal advice.
Support Resources
If you’ve experienced sexual harassment at work, support is available from trusted organisations:
Legal Advice and Workplace Support:
- ACAS – Free advice on workplace rights and resolving disputes.
acas.org.uk - Protect – Confidential whistleblowing support.
protect-advice.org.uk - Equality Advisory and Support Service (EASS) – Advice on discrimination and the Equality Act.
equalityadvisoryservice.com - Citizen’s Advice – Help with employment issues and tribunal claims.
citizensadvice.org.uk - Your Union Representative – Support and advocacy through grievance processes.
- Rape Crisis England & Wales – Specialist support for survivors of sexual violence.
rapecrisis.org.uk - Rights of Women – Sexual harassment at work advice line.
Mental Health Support:
- Mind – Mental health advice and support.
mind.org.uk - Samaritans – Confidential emotional support for anyone in distress.
samaritans.org
You don’t have to deal with workplace sexual harassment alone. You have rights, options, and support. Reporting is always about what feels right for you.
