Introduction

Sexual harassment can occur in many contexts, not just in the workplace. When the harasser is in a position of power—be it a manager, investor, joint venture partner, or any influential figure—it can create a climate of fear that discourages victims from speaking out. This article aims to shed light on what constitutes sexual harassment in these situations, the rights of the individuals affected, and the steps they can take to protect themselves or even fight back.

Understanding Sexual Harassment

Sexual harassment is defined by unwanted sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature. It’s essential to understand that harassment can happen outside the workplace , and all genders can face this behaviour and it often manifests through coercive or intimidating behaviour. It may not even be immediately obvious , but if you feel threatened or uncomfortable yourself or for another this can constitute harassment.

Legal Context: It’s important to note that while we are not criminal solicitors, sexual harassment can border on both criminal and civil law. For harassment to be committed, there must be a ‘course of conduct’—i.e., two or more related occurrences. The communication does not necessarily have to be violent in nature, but it must be oppressive and cause alarm or distress. The incidents must be related and cannot simply be two isolated incidents. This is where this is no true imbalance of power but if your manager or teacher initiated this behaviour it’s different

Statistics on Sexual Harassment in the UK

• According to a 2019 report by the Equality and Human Rights Commission, 52% of women reported experiencing sexual harassment in the workplace.
• Outside the workplace, the statistics are equally concerning; a 2016 survey by YouGov indicated that 40% of women reported experiencing unwanted sexual advances in public spaces.

These statistics illustrate the importance of addressing this issue head-on.

The Unique Challenges

1. Power Dynamics: The imbalance of power can make it difficult for victims to confront their harasser. Fear of retaliation—such as losing a contract, being dismissed, losing investment, or business opportunity—can prevent individuals from taking action. It’s natural to feel guilty for not standing up for yourself, especially as a woman in a business setting. You may feel frustrated knowing that you’ve worked hard to build a relationship or business, only to risk losing it in a moment so you keep quiet ; maybe you think you can ignore it but it’s escalating
2. Isolation: Victims may feel isolated, believing that no one will support them or understand their situation. This perception can exacerbate feelings of helplessness.
3. Social Stigma: The societal stigma surrounding sexual harassment may further silence victims, leading to concerns about being judged or not being believed or maybe avoid employing them .

Practical Guidance for Navigating Harassment

1. Avoid Being Alone: Whenever possible, do not be alone with the individual exhibiting inappropriate behaviour. Always have someone accompany you when attending events or visiting their office.
2. Public Spaces: If you have to meet, choose public places rather than private spaces or offices. This can help ensure that any interactions are witnessed by others.
3. Document Everything: If you feel concerned, try to record anything said during meetings or conversations using your phone or smartwatch. Keeping a record can be invaluable evidence. Try to get witnesses.
4. Set Boundaries: If the individual approaches you inappropriately, clearly express that their behaviour is unwanted. If you feel too frightened to confront them directly, consider sending an informal email stating that you are not interested in pursuing anything beyond a business relationship or that it makes you uncomfortable. Where able to speak a more senior person or HR
5. Escalate If Necessary: If the informal approach does not yield results, you may need to take a more formal stance. Communicate that their behaviour is unacceptable and has made you uncomfortable, and that you no longer wish to be in a private space with them and/or may have to report them. This can help preserve the commercial relationship while prioritising your safety.
6. Recognise Persistent Behaviour: If the behaviour continues, it may fall under the definition of sexual harassment. At this point, your options include reporting the matter to the police, filing a formal grievance with their company, or pursuing legal proceedings, such as seeking an injunction /restrianing order or potentially taking action against their employer if they allowed for this harassment to occur.

The Importance of Confiding in Someone

Above all, it’s crucial to confide in someone you trust. Understand that what is happening to you is not your fault, and you should never feel guilty or inadequate. No part of this situation can be justified, and remaining silent out of fear is not acceptable. You are entitled to take action, whether that means starting with informal measures or pursuing legal avenues. Remember, the fault lies with the perpetrator, not with you.

Acknowledging All Victims

It is essential to acknowledge that harassment can occur regardless of gender. Men can also be victims, and individuals of all genders , sexual orientation or race can experience harassment. This is a universal issue that affects many, and we must remain inclusive in our understanding.

Our Role as Employment Law Solicitors

As specialists in the Equality Act and employment law, we frequently encounter cases of harassment both from employers and employees and those outside of employment. We offer private, confidential, and supportive advice, as well as assistance with formal grievances when necessary. We advise people to retain evidence , secure witnesses , take notes but where scared report matters and ask for help.

Often, we strive to remove the victim from the immediate circumstances before addressing the issue, but we understand that this may not always be possible or commercially viable. Our role is to guide you in navigating these difficult situations while prioritising your safety and well-being.

Recent Case Studies

1. Katy McMurray v. DCC: In 2022, Katy McMurray won a landmark case against her employer, DCC. She initially kept silent about the sexual harassment she faced from a senior colleague out of fear of losing her job and business relationships. After experiencing severe anxiety and harm due to the ongoing harassment, she decided to take action. The tribunal ruled in her favor, stating that her employer had failed to protect her from harassment, awarding her £300,000 in damages. This case highlighted the importance of having a safe avenue for reporting harassment without fear of losing one’s position.
2. The Case of Rebecca Hurst: In 2021, Rebecca Hurst, a former employee of a tech company, spoke out about harassment she had faced from a senior executive. Initially, she chose to remain silent due to concerns about her career progression and business partnerships. However, after experiencing severe emotional distress, she filed a complaint with the Employment Tribunal. The tribunal ruled in her favor, citing the company’s failure to take appropriate action. Hurst’s case brought attention to the importance of creating a workplace culture where employees feel safe to report harassment.

Inspirational Quotes

Several strong women have shared their insights and experiences regarding harassment, emphasising the importance of speaking up:

• Maya Angelou once said, “You may encounter many defeats, but you must not be defeated.” This serves as a powerful reminder to women that their experiences don’t define them, and resilience is key.
• Michelle Obama stated, “There is no limit to what we, as women, can accomplish.” This reinforces the notion that women can reclaim their power and take steps towards addressing harassment.

When to Seek Legal Action

If the harassment persists or if the response from authorities is inadequate, it may be time to consider legal action. A solicitor can help assess your case and advise on the appropriate legal steps, which may include:

• Filing a complaint with the employer , police or a regulatory body.
• Pursuing a civil claim for damages.
• Seeking an injunction and restraining it to prevent further harassment.

Conclusion

Experiencing sexual harassment from someone in power can be incredibly daunting. However, it is crucial to remember that you are not alone and that there are steps you can take to address the situation. Speaking out against harassment is a vital part of reclaiming your power and ensuring that such behaviour is not tolerated. If you find yourself in this difficult position, seeking professional legal advice can empower you to take the necessary actions to protect yourself and seek justice. You deserve to feel safe and respected, both in your personal and professional life.