Sexual Harassment
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Expert legal support for those facing sexual harassment at work
Sadly still too commonplace, sexual harassment in the workplace can have lasting consequences on your career and emotional wellbeing. The team at Bellevue Law is well-known for its experience in this area, and provides confidential, empathetic and expert legal guidance to clients who have faced sexual harassment in the workplace.
We can help you not only to understand your legal rights but also to navigate the emotional, professional and practical challenges that sexual harassment at work creates. We are known for our holistic and bespoke approach, and will provide you with realistic guidance tailored to your individual needs and circumstances, ensuring that you are fully supported and empowered throughout the process.
What constitutes sexual harassment?
The Equality Act 2010 (the Equality Act) defines sexual harassment as unwanted conduct of a sexual nature that has the purpose or effect of violating someone’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment.
This can be verbal or physical, and can include sexual advances, intrusive or inappropriate comments and questions, and unwelcome touching. In the digital era, sexual harassment can also take place via email or other online channels, phone calls or social media interactions. It doesn’t matter if there has been a previous, consensual, intimate or romantic relationship.
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Your legal protections and rights
The law is robust in this area, with the Equality Act affording protection against workplace sexual harassment. It is also unlawful to victimise a worker for complaining about harassment (or because it is thought they have made, or may make, a complaint) or to subject them to less favourable treatment because they have either submitted to or rejected unwanted conduct of a sexual nature.
And since October 2024, employers have a duty proactively to take reasonable steps to prevent sexual harassment of their employees in the course of their employment – this is known as the preventative duty.
In the regulated professional services field, sexual harassment can also have regulatory implications for both individual perpetrators and regulated firms.
Nonetheless, we understand that addressing sexual harassment is rarely straightforward in practice. There is often little definitive evidence of what took place and no third-party witnesses. You may fear that the organisation will close ranks to protect a senior team member, or be concerned about reputational fallout. In some cases, the complaints process itself can be retraumatising.
Thanks to our many years of experience in this area, we are able to provide you with support that is both expert and empathetic. We will ensure that you understand not only your legal rights but also your practical options, and empower you to make informed choices about how to address matters in the way which is best for you personally.
Compensation and other remedies
Employment Tribunals can award compensation for financial loss suffered as a result of sexual harassment, such as loss of salary and benefits if you were dismissed or unable to continue in your role as a result of what happened.
Compensation can also be awarded for injury to feelings, and personal injury resulting from the sexual harassment. And awards can be subject to an uplift if the organisation failed to take reasonable steps to prevent the harassment and/or failed to deal adequately with your grievance about it. Tribunals can also make recommendations and declarations.
We are often able to obtain negotiated settlement of sexual harassment claims, which can result in a swifter and smoother resolution. In this case, the parties have the option to agree more flexible terms, such as positive messaging, bespoke arrangements if you are leaving the organisation, and payment of legal fees.
While these terms may include confidentiality if so desired, we always provide careful advice on the terms of any proposed non-disclosure agreement (NDA) and will support you in pushing back if you are not comfortable with them and/or provide protection for your own privacy.
How we support you
Our expert team of workplace sexual harassment legal specialists will provide holistic support with your best interests at heart throughout the process.
Sexual harassment cases are particularly sensitive, so we ensure we take the time to understand how you would like us to support you and what you would like the outcome of any process to be.
Every client’s wishes are different, but this could include one or more of a disciplinary, regulatory or criminal investigation, a change of reporting line, improved processes, training and cultural change, protection for your own reputation or financial compensation.
While nobody should be forced to leave their job because of sexual harassment, when clients don’t feel able to continue in their workplace we can often negotiate terms of exit, including a financial package and provisions which protect their reputation and privacy.
From the outset, we will provide clear and realistic initial advice on your legal rights and options, ensuring you understand the potential pros and cons – and likely legal costs – of each approach. Our holistic advice factors in not only technical legal aspects, but also your personal priorities and wellbeing, supporting you to make a fully informed decision about how to proceed. In this way, we aim to provide clarity and reassurance from the very beginning.
We can then support you to raise your concerns with the organisation. Before doing so, we will discuss with you how best to do this in your particular circumstances, whether through formal channels or a trusted senior colleague, and whether you would prefer to make the disclosure directly or have us contact the organisation on your behalf.
We will also support you during any investigation which may follow, including considering what measures you would like to support you while this takes place; for example, if you do not wish to have contact with the perpetrator or need time away from work yourself. If the organisation does not take suitable action in response to your complaint, we can help you to hold them to account.
We are often able to obtain a satisfactory outcome for clients through internal processes and/or negotiation, but where this isn’t possible, our team has extensive experience of representing clients in Employment Tribunal claims.
This is a significant step, so we will first provide you with clear advice on the strengths and weaknesses of your claim, the likely timeframe, procedure and costs, as well as ensuring ongoing guidance and support throughout the process.
Litigation can be stressful, uncertain and costly, but even when it is necessary to commence proceedings, the majority of cases still settle. Where appropriate, we will continue to seek a negotiated resolution throughout the process, while being ready to take the case to a final hearing if required.
Using our experience to guide you to the best outcome
Our team of workplace lawyers has the knowledge and expertise to guide you through the complexities of your sexual harassment case, empowering you to take back control and achieve the outcome which best meets your personal, professional and financial objectives.
Please get in touch if we can support you.