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Sex and sexuality – dealing with workplace discrimination

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In the latest in our series of legal advice columns from the South West London Law Centre, employment caseworker SARAH FORSYTH and discrimination caseworker LANCE BAYNHAM explain what to do if you have been forced into a sexualised environment at work

We live in an increasingly sexualised society. When that spills over into the workplace, it can leave employees vulnerable to an abuse of authority.

It is important to understand your rights, because as an employee you might feel pressurised into doing sexual things you don’t want to do.

What can you do if you have been pressurised into something?

It’s important to remember that you are not to blame if you submit to and engage in sexual behaviour in a work-related environment that you do not want to do.

Fear of losing your job or facing repercussions at work can make you feel you have no choice, as was the case for one of our clients: “I replied to his messages, but I didn’t want him. I was scared of what he would do if I didn’t play along.”

In this case, our client’s manager repeatedly grabbed her hand and forced her to touch his penis through his clothes while at work. She only submitted to the unwanted approaches because she was under him in terms of status.

She complained and was accused of encouraging sexual advances from her manager.

Her complaint was not upheld.

When she came to us we identified that not only had she been sexually harassed but also victimised and we have offered support bringing proceedings for the same.

What happens if you no longer work for the same employer?

There may be time-barring issues depending on how long ago the events happened.

To bring a claim in an Employment Tribunal, you generally have a strict time limit of three months from the date of the act you’re complaining of. However, in discrimination claims – including sexual harassment – the tribunal may extend this time limit where it considers it fair to do so.

To avoid this difficulty, having first contacted ACAS, the Advisory, Conciliation and Arbitration Service, you should try and bring your claim within the three-month time limit . However, if you find yourself in a position where you’re outside the three-month window, the Tribunal may be persuaded to extend the deadline and so we may still be able to help.

This was the case for another client – a gay woman with disabilities – who had endured persistent harassment from one of her colleagues for years. He took Viagra, outlined his erect penis in his trousers, and encouraged her to touch it.

He said he was going to “show her what she’s missing” and, our client having rejected his advance, said, “Have you never heard of date rape?”

He exposed his penis to her when she was at work. He grabbed her buttocks, her breasts, and nuzzled his face into her neck. Finally, having taken Viagra, he chased our client, holding his erect penis through his underwear, held her against a wall and rubbed himself against her.

Given her trauma, our client was unable to attend work again following these incidents, and eventually, she was dismissed as a result.

Her harasser was given a warning.

Our client’s harassment happened more than a year before her Tribunal claims were brought, and so the Tribunal will need to be persuaded that it’s fair to extend the time limit.

Nonetheless, we have helped our client understand what her rights are and we are representing her in Tribunal proceedings against her harasser and former employer.

If you think your employer, or another employee engaged by that employer, has abused their position to force you into a sexualised environment, we may be able to help, regardless of how long ago it occurred.

Previous SWLLC advice articles:

Discretionary Housing Payment could help you out of a crisis
Talking about debt problems is the first step to solving them

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