Definition of Sexual Harassment and Indicative Examples

This note based on technical guidance about the Worker Protection Act (WPA) from the Equality and Human Rights Commission (EHRC) categorises three types of behaviour and actions that meet the definition of sexual harassment. Guidance from ACAS reinforce these definitions with very similar examples. Links to both agencies may be found at the end of this briefing note.

Definition of Sexual Harassment
The Worker Protection Act defines sexual harassment as:-

• Unwanted conduct of a sexual nature that has the purpose or effect of violating a worker’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them
• Sexual harassment can be a one-off incident or an ongoing pattern of behaviour.
• It can happen in person or in other ways, for example online through things like email, social media or messaging tools.

There are three categories of indicative examples meeting this definition and these are each profiled in the next section. It is important to note that the EHRC stress these are not exhaustive listings. Society is changing all the time and it could be that the frequent use of Artificial Intelligence (AI) might well cause other examples to emerge over time.

AI for example might facilitate further what has been called Digital Harassment in terms of sending explicit emails, texts or social media messages, bringing in their wake cyber bullying and cyber stalking. The Malicious Communications Act and the On-Line Safety Act cover this terrain in more detail.

Additionally, although three categories are profiled below, they should not be regarded as mutually exclusive, one from the other.  Employment Tribunal cases often show that one type of detrimental behaviour can lead to another and sometimes such behaviours might run in tandem with each other in a given workplace scenario where there has been a concerted campaign of sexual harassment by one perpetrator or more. 

These behaviours adjudicated on by an employment tribunal might well also necessitate referrals to the police under the criminal law and/or escalation to statutory inspection agencies such as the Care Quality Commission (CQC), Charity Commission, Ofsted and the Solicitors Regulatory Authorityy (SRA).

All these inspection bodies will have their own Professional Standards of Expected Conduct which may have different examples of detrimental behaviour meeting the definition of sexual harassment. They will have their own reporting requirements.]

Three Categories

1. Verbal Conduct

• Banter
• Mimicry
• Comments on a worker’s appearance
• Sexual comments, stories, jokes or pranks
• Repeated and unwanted social invitations for dates or physical intimacy
• Condescending or paternalistic remarks
• Sending/sharing sexually explicit messages/images

1. Non-Verbal Conduct

• Display of sexually explicit/suggestive material or imagery
• Graffiti
• Posts or contact on social media
• Sexually suggestive gestures
• Facial expressions
• Whistling
• Leering
• Predatory behaviour

1. Physical Conduct

• Unwelcome physical contact including patting, pinching, stroking, kissing, hugging.
• Fondling, or inappropriate touching.
• Physical violence, including sexual assault and rape.
• The use of job-related threats or rewards to solicit sexual favours.