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How should employers respond to sexual harassment complaints?
Written by Melinda Clements on 14 March 2025
According to a recent Acas survey, 14% of employers and 6% of employees have witnessed sexual harassment in their workplace.
By now, you’re probably aware of new legislation introduced last October which places a proactive duty on employers to take “reasonable steps” to prevent sexual harassment. But what should you do if you receive a sexual harassment complaint from an employee, or it’s brought to your attention that sexual harassment is occurring in your workplace?
This blog provides a brief overview of the background and outlines our recommended approach for responding to allegations of sexual harassment in your workplace.
Firstly, what is sexual harassment?
Sexual harassment, as defined by the Equality Act of 2010, includes “any unwelcome behaviour of a sexual nature”. This can range from verbal comments to actions outside of the workplace – and it’s not excused by claims that it was intended as “banter” or a “compliment”.
To be classed as sexual harassment, the unwanted behaviour must have either:
- Violated someone’s dignity; or
- Created an intimidating, hostile, degrading, humiliating or offensive environment for someone.
It can be sexual harassment if the behaviour:
- Has one of these effects, even if it wasn’t intended; or
- Was intended to have one of these effects, even if it didn’t have that effect.
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Who's protected?
Employers may think they only have a duty to protect employees and workers from sexual harassment, but the Equality Act 2010 also extends protection to contractors (and self-employed individuals hired to personally do the work) and job applicants.
What does sexual harassment look like?
Sexual harassment can be a one-off incident or an ongoing pattern of behaviour.
It can also happen on calls, online, or via email, as well as in person.
Examples include:
- Making sexual remarks about someone’s body, clothing or appearance;
- Asking questions about someone’s sex life;
- Telling sexually offensive jokes;
- Making sexual comments or jokes about someone’s sexual orientation or gender reassignment;
- Displaying or sharing pornographic or sexual images, or other sexual content;
- Touching someone against their will, for example hugging them; and
- Sexual assault or rape.
It’s important to note that this isn’t an exhaustive list; sexual harassment includes any unwelcome behaviour of a sexual nature.
Crucially, what some people might consider joking, ‘banter’ or part of their workplace culture can still be sexual harassment.
Sexual harassment is usually directed at an individual, but this isn’t always the case. Sometimes there can be a culture of behaviour that’s not specifically aimed at one person – such as sharing sexual images. Someone could still make a complaint of sexual harassment in this situation.
What laws protect people against sexual harassment?
Employers should be aware of two key pieces of legislation:
- The Equality Act 2010: This is designed to protect people against various forms of discrimination and harassment, including sex discrimination and sexual harassment.
- The Worker Protection (Amendment of Equality Act 2010) Act 2023: Brought into effect on 26 October 2024, this law focuses on preventing sexual harassment. If it has already happened, an employer should take action to stop it happening again.
What responsibilities do employers have in relation to sexual harassment?
- Employers must take steps to prevent sexual harassment occurring in the first place.
- Employers also have a duty of care to protect the wellbeing of their staff, ensuring a safe and supportive work environment.
What if harassment is committed by a regulated person?
If an individual complains about a regulated person, you may need to report their concerns and findings to the appropriate regulator, such as the FCA, which may impact the alleged harasser’s regulatory status and ability to continue working in a regulated role.
What if harassment is committed by a third party?
Allegations of sexual harassment by a third party – such as a customer, supplier or contractor – should be treated as seriously as by a colleague.
What risks do employers face in relation to sexual harassment?
Failing to properly prevent and address sexual harassment in the workplace can lead to disputes and Employment Tribunal claims, including:
- Sexual harassment claims: Employers can be held vicariously liable for the actions of their employees, meaning they may be responsible for any harassment that occurs within the scope of employment.
- Constructive dismissal: Employees may claim constructive dismissal if they feel they have no choice but to resign due to the employer’s failure to address sexual harassment or create a safe work environment.
- Discrimination: In addition to the employer, individual employees may also face discrimination complaints and legal action. Employers must ensure all staff are aware of their responsibilities and the potential consequences of their actions.
How to handle a sexual harassment complaint
When faced with an allegation of sexual harassment, employers should consider the following steps:
Treat it seriously
If an employee, worker, contractor or job applicant divulges that they are experiencing sexual harassment of any kind – whether verbally or in writing – it’s essential to take the complaint seriously. As an employer, you have a legal duty to undertake a reasonable investigation of the allegations.
You must not base your response or subsequent actions on whether you believe the individual’s allegations or feel that the complaint is justified.
Maintain fairness and sensitivity
Ensure that you handle that complaint in a fair, sensitive and impartial manner. You should take into account how the individual would like their complaint to be resolved. However, you must also keep in mind your duty to protect all staff, which may require you to take further action even if they do not wish to pursue the matter.
Consider any support that may be offered to the person raising the concerns and the individual who the complaint is about, such as an employee assistance scheme, counselling, and HR / line management support.
Ensure confidentiality
It’s important to respect the confidentiality of all parties, and to ask those involved in the process to do the same. This protects privacy, prevents misinformation, and ensures fairness.
Clearly communicate that breaching confidentiality may lead to disciplinary action.
Look into the complaint as quickly as possible
Allegations of sexual harassment are likely to be stressful for both parties, and prolonging the situation can make things worse. It’s therefore in imperative to deal with complaints as quickly as possible and without undue delay.
Speak to the complainant
Get the complainant’s account and keep minutes of the conversation. This is a fact-finding exercise to gather information, identify witnesses, and provide recorded evidence of your investigation.
If the complaint may amount to a criminal offence, speak to the individual about whether they want to report the matter to the Police and support them if they do. A suspected criminal offence may change the way you proceed. For example, you may decide to pause the process so as not to prejudice a criminal investigation.
Address the matter in line with your internal procedures
For employees, this is likely to be your grievance procedure, although you may have a separate dignity at work / anti-bullying and harassment procedure, or even a sexual harassment policy and procedure.
In addition to speaking with the complainant to understand their concerns, your procedure is likely to include:
- Notifying the individual accused of the allegations against them;
- Investigating the concerns with the accused and any potential witnesses, gathering evidence such as emails, phone records and recordings, and checking relevant policies;
- Holding a formal meeting with the complainant with the right to be accompanied;
- Providing a written outcome letter to the complainant with the right of appeal; and
- Providing a written outcome letter to the alleged harasser.
You may need to consider suspending the alleged harasser or making other temporary changes to working arrangements pending the outcome of the investigation if circumstances require.
Take appropriate action
The way in which you resolve the issue will depend on the facts of the case, but options include an informal discussion, counselling, mediation, or formal disciplinary procedures. Serious cases may result in dismissal for gross misconduct.
If a disciplinary process is followed and a sanction is given, you must provide an option to appeal against any disciplinary sanction.
Evaluate the process and consider recommendations
Once the process has concluded, consider any learnings, implement necessary changes to your policies and procedures. Ensure managers and staff are informed of these updates and provide any required training to reinforce expectations and prevent future issues.
You should not
- Brush allegations under the carpet;
- Downplay the concerns as ‘banter’ – remember, it’s how the individual perceives the behaviour and not the intention that matters; or
- Discuss the matter with anyone who doesn’t need to know.
Crucially, don’t wait for someone to come to you with a complaint. If you have reason to suspect that sexual harassment may be occurring – based on rumours, witness accounts or other signs – you must investigate.
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