Sexual harassment in the workplace does not always have to be sexual in essence 

Harassment related to sex is broader than many people think. It does not have to be sexual in nature, but it must be related to the person’s sex. Because the phrase “sexual harassment” is often used for all of this behaviour, it can cause confusion. Two employment tribunal decisions show how wide the definition can be.

What does the law say?

Under the Equality Act 2010, harassment is unwanted conduct related to a relevant protected characteristic that has the purpose or effect of violating a person’s dignity, or of creating an intimidating, hostile, degrading, humiliating or offensive environment for them. The relevant characteristics are age, disability, gender reassignment, race, religion or belief, sex and sexual orientation.

The Act recognises three forms of harassment:

• unwanted conduct related to a protected characteristic, such as sex
• unwanted conduct of a sexual nature, which is sexual harassment in the strict sense
• less favourable treatment because a person rejected or submitted to sexual harassment

When deciding whether conduct had the required effect, a tribunal considers the claimant’s perception, the other circumstances of the case and whether it was reasonable for the conduct to have that effect. Our article on harassment and the claimant’s perception looks at this in more detail.

Two examples from the employment tribunal

The electrician called “bald”

In Finn v British Bung Manufacturing Company, an electrician at a small manufacturing business was verbally abused and threatened by a supervisor, who used the word “bald” alongside a swear word to insult him. The tribunal decided that, because baldness is much more common in men than in women, the remark was related to sex. His claim for harassment related to sex succeeded.

The teacher with nowhere to express milk

In Mellor v The MFG Academies Trust, a teacher returning from maternity leave needed to express breast milk at lunchtime. Despite repeated requests, her employer did not give her a private room. She had to express either in her car, where students could see her, or in the toilets, where she also had to eat her lunch.

The tribunal found that this created a degrading and humiliating environment for her, and her claim for harassment related to sex succeeded. Her claims for direct and indirect sex discrimination failed. The failure was down to poor administration rather than her sex, and because only women express breast milk, there was no group of men to compare her with for an indirect discrimination claim.

Both are first-instance decisions, so they do not bind other tribunals, but they show how the law can apply in practice. Employers must provide suitable rest facilities for workers who are breastfeeding, and Health and Safety Executive guidance recommends a private, safe and hygienic space to express and store milk.

What employers must now do

Since October 2026, employers must take all reasonable steps to prevent sexual harassment of their employees and must not permit harassment by third parties such as customers or clients.

Where an employer has breached the duty to prevent sexual harassment, a tribunal can increase compensation for sexual harassment by up to 25%. Policies, training and a clear way of reporting concerns are essential. Our employment law advice for employers can help you review your approach.

Since 6 April 2026, reporting sexual harassment can also count as a protected disclosure, so employees who raise concerns have whistleblowing protection as well as protection from victimisation.

If you are experiencing harassment

Keep a record of what happens, including dates, what was said or done and who saw it, and raise a grievance if you can. The time limit for most employment tribunal claims is now six months, and you must normally contact Acas for early conciliation first. Our article on employment tribunal time limits explains how this works, and our harassment solicitors can advise on your options.

To talk to our employment solicitors in confidence, book a free 30-minute consultation or call 0141 471 9166.