How to Handle Sexual Harassment Complaints in the Workplace (UK Guide)

Handling sexual harassment complaints is one of the most sensitive and high-risk areas of employee relations.

For UK employers, the stakes are significant. Sexual harassment is unlawful under the Equality Act 2010, and recent developments in employment law have increased expectations on employers to take proactive steps to prevent and address inappropriate behaviour.

For SMEs in particular, where processes may be less formalised, the risk often lies not in the complaint itself, but in how it is handled.

A fair, structured, and well-documented approach is essential to:

• Protect employees

• Maintain trust and culture

• Reduce legal and reputational risk

Under the Equality Act 2010, sexual harassment occurs where unwanted conduct of a sexual nature has the purpose or effect of:

• Violating an individual’s dignity

• Creating an intimidating, hostile, degrading, humiliating, or offensive environment

This can include:

• Verbal comments or jokes

• Physical behaviour

• Non-verbal conduct such as messages or images

It is important to recognise that intent is not the determining factor. The impact on the individual is key.

Employers have a duty to:

• Prevent harassment in the workplace

• Take complaints seriously

• Act reasonably in response to concerns

• Follow a fair and consistent process

Failure to do so can lead to claims of:

• Harassment

• Constructive dismissal

• Victimisation

• Whistleblowing detriment (in certain cases)

Employers may also be held vicariously liable for the actions of employees unless they can demonstrate that reasonable steps were taken to prevent the behaviour.

Even where inappropriate behaviour has occurred, poor handling of the complaint can significantly increase risk.

Common consequences include:

• Escalation of the issue

• Loss of trust within the team

• Increased likelihood of formal claims

• Reputational damage

In many tribunal cases, the employer’s response is scrutinised as closely as the original allegation.

1. Take the Complaint Seriously from the Outset

Regardless of how the complaint is raised, it should be:

• Acknowledged promptly

• Treated as potentially formal

• Documented from the start

Avoid making assumptions about the seriousness of the issue.

2. Ensure Confidentiality (Where Possible)

Complaints should be handled sensitively.

• Limit information to those who need to know

• Avoid informal discussions or speculation

• Reassure the employee that the matter will be handled appropriately

Complete confidentiality cannot always be guaranteed, particularly where an investigation is required, but discretion is critical.

3. Conduct a Fair and Objective Investigation

An investigation should:

• Establish the facts

• Gather evidence

• Include interviews with relevant individuals

The investigator should be impartial and, where possible, not directly involved in the situation.

4. Follow a Structured Grievance or Disciplinary Process

Depending on the circumstances:

• The complaint may be handled under the grievance procedure

• If there is evidence of misconduct, a disciplinary process may follow

Ensure alignment with the ACAS Code of Practice.

5. Allow All Parties to Respond

Both the individual raising the complaint and the person accused should:

• Be given the opportunity to provide their account

• Be treated fairly and without bias

Avoid predetermined outcomes.

6. Make a Reasoned and Proportionate Decision

Outcomes should be:

• Based on evidence

• Clearly documented

• Proportionate to the findings

Possible outcomes may include:

• No further action

• Informal resolution

• Formal disciplinary action

7. Communicate the Outcome Appropriately

While maintaining confidentiality:

• Inform the complainant that the issue has been addressed

• Provide appropriate reassurance

• Avoid disclosing unnecessary details

8. Offer the Right to Appeal

Employees should have the opportunity to appeal the outcome if they are dissatisfied.

Handling Complaints Informally Without Documentation
This creates significant risk if the issue escalates.

Failing to Act Promptly
Delays can undermine trust and weaken the employer’s position.

Minimising the Issue
Assuming behaviour is “banter” or not serious enough can lead to claims.

Lack of Manager Confidence or Training
Managers may avoid dealing with complaints due to discomfort or uncertainty.

Inconsistent Handling of Similar Cases
This can lead to claims of unfairness or discrimination.

Handling complaints effectively is only one part of the employer’s responsibility.

Preventative measures are equally important:

• Clear anti-harassment policies

• Regular communication of expected standards

• Manager training

• A culture where concerns can be raised safely

Taking proactive steps can significantly reduce the likelihood of issues arising.

An employee raises concerns about inappropriate comments made by a colleague.

The manager dismisses the issue as informal workplace behaviour and does not escalate or document the complaint.

The behaviour continues, and the employee later raises a formal grievance.

The employer is unable to demonstrate that reasonable steps were taken to address the issue early, increasing the risk of a claim.

Handling sexual harassment complaints requires:

• A structured process

• Objectivity

• Sensitivity

• Clear documentation

Employers who approach these situations informally or inconsistently expose themselves to significant legal and reputational risk.

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