Claims for sexual harassment in the workplace

Most of my caseload relates to non-recent child sex abuse claims but on occasions the abuse is relatively recent and takes place in the workplace rather than an institution or in the home.

Abuse in the workplace may not always meet the test for a sexual assault if the abuse is for example credible threats of sexual abuse without physical contact and a claim sometimes may be better pursued as a harassment claim.    

The Protection from Harassment Act 1997 was intended to protect individuals from harassment and in particular stalking but also a much wider range of behaviour including behaviour which alarms or distresses the victim.  

The Act provides for both criminal and civil remedies. There are two criminal offences: -

• pursuing a course of conduct amounting to harassment;
• a more serious offence where the conduct puts the victim in fear of violence;

The Act provides an objective test so a person is deemed to know that their conduct would amount to harassment if a reasonable person in possession of the same information would think that the course of conduct amounted to harassment.

“Course of conduct” can include speech and usually must involve conduct on at least two occasions. There are special provisions to cover harassment targeting two or more people and harassment of an individual carried out by two or more people.

Harassing a person includes alarming the person or causing the person distress.

Damages can be claimed for anxiety, financial loss and psychological damages providing they  were caused or contributed to by the employee’s harassment of them. 

For an employer to be liable then for the harassment then there must be a direct connection between the harassment and the position the harasser/s hold with their employer.

The primary time limit to bring the claim is within 6 years of the harassment. 

These types of claims are most likely to arise in – but are not exclusive to - workplaces where there is a toxic workplace culture and where allegations of sexual abuse and harassment are ignored or not investigated. 

It has been reported in the media that a significant number of sexual abuse and harassment claims and complaints to the equality watchdog have been made against the fast-food chain McDonalds over the last couple of years. Young workers there have consistently referred to a toxic culture where claims of sexual assault and harassment were not taken seriously. 

There have also been widespread reports in the media about sexual assaults and harassment in the armed forces. In late 2024, a Royal Navy investigation accepted that sexual assaults and harassment was widespread in the Submarine Service. It also accepted the use of “rape lists” where crewmates are ranked as sexual targets and degrading initiation ceremonies. Again, whistleblowers have consistently referred to a toxic culture in place. 

Jordans solicitors are acting on behalf of vulnerable adults whom it is alleged were sexually abused or harassed in the workplace.  

Compensation is a small step towards taking control of your life and getting the justice you deserve.

We understand how difficult it can be for you to talk about the abuse you suffered. That’s why our specially trained child abuse solicitors work closely alongside psychologists and barristers to support you both emotionally and legally.

Justice for child abuse survivors should be accessible no matter how long ago it happened. That’s why we fought for a landmark change in the law, which allows an abuse claim to be brought before a court regardless of when it took place.

If you want to discuss the options that are open to you, please contact our specialist Abuse Team at Jordans Solicitors       

If you or your child have been affected by anything in this article and would like to speak to one of our highly qualified abuse team members in confidence, then please do not hesitate to contact us. 

Our highly skilled abuse team will advice you on the available options for pursuing a civil damages claim. 

Jordans successfully represent and secure compensation for numerous victims of abuse and are highly experienced in this area. 

They are experts in overcoming the particular challenges that arise in these types of sensitive cases. Please contact the abuse team on 0800 9555 094