If you have experienced sexual harassment at work, you may be entitled to take legal action and in some cases, claim compensation for personal injury.
In the UK, employers now have a proactive legal duty to prevent sexual harassment. But when that duty is breached and harm is caused, the situation can go beyond an employment issue and become a personal injury claim.
This article explains:
- What counts as sexual harassment
- What your employer is required to do
- When you can claim compensation
- Whether to bring a tribunal or civil personal injury claim
- The time limits you need to be aware of
What Is Sexual Harassment at Work?
Sexual harassment is unwanted conduct of a sexual nature that has the purpose or effect of:
- Violating your dignity, or
- Creating an intimidating, hostile, degrading, humiliating, or offensive environment
This can include:
- Sexual comments or jokes
- Inappropriate remarks about appearance
- Sharing or displaying sexual images
- Unwanted physical contact
- Sexual assault or rape (in the most serious cases)
Sexual harassment can happen to anyone, regardless of gender, and can be carried out by:
- Colleagues (including managers)
- Clients or customers
- Third parties you interact with through work
Employer Responsibilities Under UK Law
Under the Worker Protection (Amendment of Equality Act 2010) Act 2023, employers must take reasonable steps to prevent sexual harassment.
This includes:
- Carrying out risk assessments
- Implementing clear anti-harassment policies
- Providing regular staff training
- Creating safe and effective reporting processes
- Taking complaints seriously and acting promptly
- Regularly reviewing and improving procedures
This is a proactive duty – employers must prevent harassment, not just respond to it.
When Can Sexual Harassment Become a Personal Injury Claim?
Not every case of sexual harassment leads to a personal injury claim.
However, you may be able to claim compensation if:
- Your employer failed to take reasonable steps to prevent harassment
- You experienced sexual harassment at work
- You suffered a recognised psychiatric or physical injury as a result
Examples of recognised psychiatric injuries include:
- Post-traumatic stress disorder (PTSD)
- Depression
- Anxiety disorders
- Adjustment disorders
- Chronic fatigue syndrome
In more serious cases, physical injury may also arise.
👉 The key point:
You must have suffered a medically recognised injury, not just distress or upset, for a personal injury claim.
Employment Tribunal vs Personal Injury Claim: Which Should You Choose?
If you’ve experienced sexual harassment, you may have more than one legal option.
Employment Tribunal
- Focuses on discrimination and harassment
- Can award compensation for injury to feelings and financial loss
- Typically faster to resolve
Personal Injury Claim (Civil Court)
- Focuses on the injury caused (e.g. psychiatric harm)
- Often allows for higher compensation, particularly in serious cases
- Can include claims for:
- Therapy and treatment costs
- Loss of earnings
- Care and support from family
👉 In some cases, both routes may be relevant, and legal advice is important to decide the best approach.
Time Limits for Sexual Harassment Claims
Time limits are strict, so it’s important to act quickly:
- Employment Tribunal:
Usually 3 months less one day from the date of the harassment - Personal Injury Claim:
Typically 3 years from the date of injury (or when you became aware of it)
Missing these deadlines can prevent you from bringing a claim.
What Should You Do If You Experience Sexual Harassment at Work?
If you’ve been affected, consider taking the following steps:
- Report the issue internally to your employer
- Keep records of incidents and communications
- Seek medical advice if your health has been affected
- Raise a formal grievance where appropriate
- Report serious incidents to the police
- Speak to a solicitor about your legal options
Early advice can make a significant difference to the outcome of your case.
Speak to our Personal Injury Specialist
If you’re unsure whether your situation could lead to a personal injury claim, or whether you should bring a tribunal or civil case, getting expert advice is key.
You can contact me to:
- Assess whether your employer breached their legal duties
- Help you understand the strength of your claim
- Advise on the most appropriate legal route
- Support you through the process
Contact Louise Plant at lplant@prettys.co.uk
You can view our full range of Personal Injury services here.
