Here at Lincs Law Employment Solicitors, we unfortunately receive calls from concerned clients who have reported act(s) of discrimination, such as sexual harassment, and have then later been unfairly dismissed from their employment. If you are in this situation, we are here to help. Please read on to find out more.
What Is Sexual Harassment?
Sexual Harassment is a claim brought to the Employment Tribunal under the Equality Act 2010. It is unwanted conduct of a sexual nature which has the purpose or effect of violating a person’s dignity or creating for them an intimidating, hostile, degrading, humiliating or offensive environment.
As specialist employment solicitors, we often advise clients who have unfortunately experienced acts of sexual harassment in the workplace. These include:
- Comments about what they are wearing;
- Speculation about their personal relationships;
- Invasion of personal space;
- Edits of a sexual nature made to photos;
- Unnecessary touching / physical contact; and/or
- Unfavourable treatment because they have refused to agree to a relationship with the harasser.
Please note, the above is not an exhaustive list of discriminatory behaviour. The Equality Act 2010 details a wide range of claims and protections for employees, including sexual harassment. If you are struggling at work, please use the contact form, engage in a web chat, email contactus@lincslaw.com or call us on 01522 440512 and we will be happy to help.
Alternatively, for more information about sexual harassment under the Equality Act 2010, please see here – https://lincslaw.co.uk/services/employees/workplace-problems/discrimination-bullying-and-harassment/
What Should I Do If I Suffer Sexual Harassment At Work?
Here at Lincs Law Employment Solicitors, we understand if you are suffering (or have suffered) sexual harassment in the workplace, it can be incredibly difficult and stressful. In these circumstances, we would always advise raising the issue with your employer promptly. You may wish to do so by raising a Formal Grievance. For more information about this, please see here- https://lincslaw.co.uk/blog/how-to-raise-a-formal-grievance/
Reporting the sexual harassment to your employer (whether via a Formal Grievance or otherwise) is very important as:
- Hopefully, action will be taken by your employer and matters will be resolved; and
- An Employment Tribunal will expect you to have raised your concerns directly with your employer, before submitting a claim; and
- To protect your position in the future, should the treatment towards you unfortunately worsen, as below.
What Happens If I Am Dismissed After Reporting Sexual Harassment?
If, after reporting the sexual harassment you are suffering (or have suffered), your situation worsens, you may have further claims (i.e., in addition to the original sexual harassment suffered) in the Employment Tribunal. The claim you would bring is Victimisation.
A claim for Victimisation at work is brought to the Employment Tribunal under the Equality Act 2010. Essentially, this is where you are subjected to a detriment by your employer because:
- You have done a ‘protected act’; or
- Your employer thinks you have done, or may do, a “protected act”.
What is a Protected Act?
The first step in establishing a Victimisation claim is identifying a “protected act”. This is defined in the Equality Act 2010 as follows:
(a) bringing proceedings under the Equality Act 2010;
(b) giving evidence or information in connection with proceedings under the Equality Act 2010;
(c) doing any other thing for the purposes of or in connection with the Equality Act 2010;
(d) making an allegation (whether or not express) that someone has contravened the Equality Act 2010.
As above, reporting the sexual harassment to your employer in a Formal Grievance (or via other means) is likely to be deemed a protected act. Importantly, such report could be made verbally, via online message, email or any other means.
Also, you do not necessarily need to refer to “sexual harassment” “discrimination” or “the Equality Act 2010” explicitly in your report for it to be deemed as a protected act. However, to best protect your position, we would always recommend being as clear as possible in any report you make.
Have You Suffered a Detriment?
The next step to establishing a Victimisation claim under the Equality Act 2010 is that your employer (and/or colleague) has subjected you to a detriment. This could include being dismissed from your employment, for example.
Other common detriments include being rejected for a promotion; excluded from meetings; being bullied by colleagues; denied bonuses; reductions in your hours or being subjected to unsubstantiated disciplinary or capability processes.
Was the Detriment Because of the Protected Act?
For a Victimisation claim, it is also very important there is a causal link between the detriment and the protected act. For example, the reason for your dismissal was because you did a protected act (i.e., reported the sexual harassment).
There is no strict time frame required between the protected act and the detriment. Therefore, in theory, there could be days, months or even years between a protected act and detriment. However, importantly, the causation “because of” question will always need to be established.
For more information about a Victimisation claim (including the relevant time limits for pursuing such claim in the Employment Tribunal), please see here – https://lincslaw.co.uk/blog/do-i-have-a-victimisation-claim-in-the-employment-tribunal/
Lincs Law Employment Solicitors Can Help You
If you believe you have a claim for Victimisation in the Employment Tribunal, or you are experiencing other issues at work, please use the contact form, engage in a web chat, email contactus@lincslaw.com or call us on 01522 440512 and we will be happy to help.
Kate Key
Specialist Employment Solicitor
Lincs Law Employment Solicitors
Tags: Detriments at work Discrimination dismissal employment solicitor employment tribunal equality act 2010 formal grievance Kate Key lincs law employment solicitors protected act Sex Discrimination and Sexual Harassment: Sexual Harassment Allegations sexual harassment at work sexual harassment employment tribunal claim