Man leaning over a woman while she's working at a laptop.

What’s the difference between harassment related to sex and sexual harassment?

Both harassment and sexual harassment in the workplace can be grounds for dismissal. In both cases, it’s up to employers to take steps to prevent these kinds of the behaviours in the workplace and establish relevant processes and procedures. This post is designed to provide clarity on the legal differences between harassment related to sex and sexual harassment. The intended result is to allow employers to understand what’s required of them and give employees more insight into workplace issues.

What is harassment?

Under the Equality Act 2010, harassment is unlawful. This is defined as unwanted behaviour that relates to any of the following:

Disability
Race
Religion or faith
Gender
Age
Sexual orientation
Sex

Comprehensive and thoughtful HR policies are essential for employers to try and prevent harassment in the workplace. While harassment can be difficult to notice, it occurs regardless of the intentions of the individual. It may also happen in-person, by email, letters, phone calls, or through social media.

Definition of sexual harassment

Sexual harassment is illegal in the UK, also under the Equality Act 2010. This includes unwanted sexual behaviour towards employees, contractors (or other kinds of temporary workers), and job applicants. In order for behaviour to be classed as sexual harassment, it must violate the individual’s dignity or create an environment that is hostile, intimidating, or degrading. Professional employment advice for employers is recommended to establish preventative measures for workplace sexual harassment.

Verbal examples of sexual harassment may include:

Sexualised comments about a person’s body, including innuendos
Asking someone about their sexual history, fantasies, preferences, or other personal questions
Sexual comments made about a person’s clothing, anatomy, or looks.
Repeatedly trying to pursue dating a person who is not interested, telling lies or spreading rumours about a person’s sex life or sexual preferences.

Examples of non-verbal harassment can include:

Looking a person up and down regularly.
Following or stalking someone(either in-person or online).
Using sexually suggestive visual cues, including making sexual gestures with the hands or through body movements
Using facial expressions such as winking, throwing kisses, or licking lips.

Physical harassment might then include:

Giving a massage around the neck or shoulders.
Touching another person’s clothing, hair, or body.
Insisting on hugging, or other forms of close contact.
Kissing, patting, touching or rubbing oneself sexually against another person.

How to differentiate sex-based harassment and sexual harassment

As mentioned previously, one of the protected characteristics in the law surrounding harassment in the workplace is a person’s sex. Therefore, it is possible for harassment to take place that exclusively targets someone’s sex. This would likely include gender stereotypes, sex-specific bodily features, activities, life choices, relationships, and more. The Protection from Sex-Based Harassment in Public Act 2023 was introduced as an addition to the Public Order Act 1986 to bring more significant charges for offenders. Therefore, this kind of harassment should now be treated with more severity.

On the other hand, sexual harassment is centred around unwanted advances of any kind that seek to sexualise an individual or draw attention to sexual topics. Anyone can experience sexual harassment within a place of work, regardless of sex, age, seniority in their role, or other individual factors. Employers are advised to foster a culture of zero-tolerance towards sex-based and sexual harassment.

Legal support for difficult employment problems

Both sexual harassment and harassment related to someone’s sex are serious issues that must be prevented when possible. They must also be addressed accordingly once they have been brought to the attention of managers within the company. These legal processes can be difficult to navigate for employers and employees alike. The team at Employment Law Services (ELS) Ltd take a nuanced approach, gathering all the information from relevant parties before executing a strategy. Contact us to strengthen your employment law framework.