SEXUAL HARASSMENT SOLICITORS - NO WIN NO FEE
Behaviour and language that constitute sexual harassment are often regarded as subjective. It can be difficult for individuals to agree on what should or should not be deemed offensive. A commonly agreed upon definition of sexual harassment is "unwanted conduct based on sex affecting the dignity of women and men at work". If you are the recipient of such unwanted conduct, it is up to you to determine whether or not you believe sexual harassment has occurred; if you feel that it has, you should instruct a sexual harassment solicitor who may make an application to the Employment Tribunal on your behalf.
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Currently, no specific statutes exist which completely cover the issue of sexual harassment. In these cases, the Employment Tribunal makes its decisions in reference to the Sex Discrimination Act 1975, the Employment Rights Act 1996 and the EC Equal Treatment Directive 76/207. There are occasional incidents serious enough to be considered a criminal offence under the Protection From Harassment Act 1997. A sexual harassment solicitor may also consider taking examples of this behaviour before the County Court for damages as a civil claim.
SOLICITORS HELPLINE 0844 332 0018
Due to its subjective nature, sexual harassment can occur in many forms and is sometimes difficult to quantify. Inappropriate touching, lewd jokes, unwanted attention, or forwarding risqué email can all be considered sexual harassment. The following is a partial list of offences, often relied upon by sexual harassment solicitors, that have been deemed actionable by the Employment Tribunal :-
- asking for sexual favours
- suggestive gestures or remarks
- acts or threats of sexual violence
- fondling or other unwanted touching
- inappropriate jokes
- viewing pornographic websites
- unwanted sexual advances
- lewd or vulgar comments
- sexual innuendoes
- badgering for attention
- displaying obscene or suggestive material
SOLICITORS HELPLINE 0844 332 0018
The Employment Tribunal, though usually a public forum, may in some cases protect the identity of the claimant. For especially graphic claims, the Tribunal may issue a "restricted reporting order" to protect the anonymity of the person filing the claim.
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It is required by law that every employer implement a company policy and inform all employees of this policy in regard to workplace sexual harassment. The policy should include an explanation of the proper procedures for handling suspected sexual harassment. Employers may be held responsible for any harassment committed by their employees in the workplace, even if they themselves are not the offending party, or if they do not take appropriate action against an employee accused of sexual harassment.
There is presently no set limit on the amount that can be awarded as compensation in sexual harassment cases, and, if the behaviour is deemed extremely offensive, the Employment Tribunal may even award aggravated damages.
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The Equal Opportunities Commission is very helpful in clarifying the details surrounding sexual harassment regulations. These are some of their suggestions :-
- implement a clear, comprehensive sexual harassment policy
- continue to monitor and update the policy to ensure that it remains effective
- be sure that everyone in the workplace is aware of the policy and thoroughly understands it
- take complaints of sexual harassment seriously and be sensitive to the serious impact it can have on the victim
- lead by example and hold supervisors and managers personally responsible
SOLICITORS HELPLINE 0844 332 0018