Sexual harassment

What is sexual harassment?

Sexual harassment, as defined by the Equality Act 2010, is when a person engages in unwanted behaviour of a sexual nature, whether verbal, non-verbal or physical, that creates an intimidating, hostile, degrading, humiliating or offensive working environment.  

In Northern Ireland, it is similarly defined by the Sex Discrimination (Northern Ireland) Order 1976 (as amended).  

Sexual harassment can be a problem in any workplace and can affect any worker, regardless of the organisation’s size or activity. It can happen anywhere in the workplace such as the canteen, toilets, staff room, or in the office. It can take place online, on social media, or by telephone or text as well as face-to-face. 

Sexual harassment can also occur away from the workplace for example at a client’s home or meeting place, at conferences, seminars, on training courses, staff parties, or away from work but resulting from work such as through a telephone call to your home from a client.

Examples of sexual harassment can include:  

• Unwelcome sexual advances, propositions and demands for sexual favours.  
• Unwanted or derogatory comments or nicknames about clothing or appearance.  
• Leering and suggestive gestures and remarks or jokes.  
• Intrusive questioning or suggestions about your sex life or a colleague’s sex life, and discussing their own sex life  
• Sexual posts or contact on social media.  
• Spreading sexual rumours about a person.  
• Sending sexually explicit emails or text messages.  
• Comments of a sexual nature about your or a colleague’s sexual orientation  
• Comments of a sexual nature about your or a colleague’s gender identity.  
• Displaying offensive material, such as pornographic pictures or calendars, including those in electronic forms such as computer screen savers or by circulating such material in emails or via social media.  
• ‘Upskirting’ that typically involves someone taking a picture under another person’s clothing without their knowledge.  
• Predatory behaviour.  
• Coercion (persuading someone to do something by using force or threats).  
• Physical contact, such as the invasion of personal space and unnecessary touching, hugging or kissing through to sexual assault, indecent exposure, stalking and rape (although rape is defined as a separate criminal offence).

Worker Protection Act

Sexual harassment is illegal. All workers, regardless of length of service, are protected from sexual harassment in the workplace by the Equality Act 20101. Yet, in spite of this, we know it is still rife.  

According to the Government Equalities Office 2020 survey, 29% of people in employment had experienced some form of sexual harassment in their workplace or work-related environment in the last 12 months. But only 15% reported their experience formally, making it likely that employers underestimate the amount of harassment taking place.

In UNISON surveys in 2024, 1 in 10 healthcare workers reported experiences of sexual harassment, as did 1 in 10 female support staff in secondary schools.

Although anyone can experience sexual harassment, women are more likely to experience it than men and perpetrators of sexual harassment are overwhelmingly men.  

UNISON believes that everyone should be treated with dignity and respect at work. So, after years of campaigning, we welcomed the new Worker Protection Act that came into effect in 2024, introducing a new proactive obligation on employers to take preventative steps to eliminate workplace sexual harassment.  

Although the Worker Protection Act does not include liability for third-party harassment, employers will still be expected to take ‘reasonable steps’ to prevent sexual harassment by any perpetrator, including third parties such as patients, customers, clients, service users, contractors and members of the public.

The exclusion of the third-party harassment provisions from the act means that there is still significant work to do to make what has been introduced effective.

UNISON will continue campaigning to strengthen the law further to ensure everyone is protected and has access to justice. 

Legal disclaimer 

The information contained within this article is not a complete or final statement of the law and is based on the laws of England, Wales, Scotland and Northern Ireland. 

While UNISON has sought to ensure that the information is accurate and up to date, it is not responsible and will not be held liable for any inaccuracies and their consequences, including any loss arising from relying on this information. If you are a UNISON member with a legal problem, please contact your branch or region as soon as possible for advice, or for non-employment matters call UNISONdirect.