Best Sexual Harassment Lawyers in Aberdeen

About Sexual Harassment Law in Aberdeen, United Kingdom

Sexual harassment is unlawful in Aberdeen and across Scotland. It covers unwanted conduct of a sexual nature, or conduct related to sex, that violates a person’s dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment. It can happen at work, in education, in rented housing, when using services, in public places, and online. In employment and many everyday settings it is prohibited by the Equality Act 2010. Some conduct is also a criminal offence under Scottish law, for example sexual assault or stalking. People in Aberdeen can seek protection and remedies through workplace processes, civil courts, Employment Tribunals, and the criminal justice system.

Why You May Need a Lawyer

Many people seek legal help after repeated unwanted comments, messages, or touching at work, when a manager conditions opportunities on sexual attention, or when an employer fails to act on complaints. Others need urgent advice after a serious incident such as sexual assault, or when harassment continues outside work, for example online or in public. A lawyer can assess whether conduct meets legal definitions, advise on reporting options, protect your position on strict time limits, and help you secure interim protections such as a civil interdict or a non harassment order. Legal support is also valuable for managing internal investigations, negotiating adjustments at work, challenging retaliatory treatment, bringing an Employment Tribunal claim for discrimination, pursuing civil damages, or supporting you as a complainer in a criminal case. Early advice helps preserve evidence, reduce risks, and improve outcomes.

Local Laws Overview

Equality Act 2010. In Scotland the Equality Act 2010 outlaws sexual harassment in employment, vocational training, further and higher education, clubs and associations, and when accessing goods and services. It protects employees, workers, contractors, apprentices, office holders, job applicants, students, service users, and volunteers in certain contexts. There are two main forms. Unwanted conduct of a sexual nature that has the purpose or effect described above. Less favourable treatment because you rejected or submitted to sexual conduct. Employers are generally liable for harassment by their employees in the course of employment, and they must take reasonable steps to prevent it.

Employer preventative duty. From October 2024 the Worker Protection Act 2023 amended the Equality Act to add a proactive duty on employers in Great Britain to take reasonable steps to prevent sexual harassment of employees. The Equality and Human Rights Commission can enforce this duty. Tribunals can take an employer’s compliance into account when deciding cases and remedies.

Criminal law in Scotland. Some conduct is criminal. Examples include sexual assault and related offences under the Sexual Offences Scotland Act 2009, stalking under section 39 of the Criminal Justice and Licensing Scotland Act 2010, threatening or abusive behaviour under section 38 of the same Act, and harassment amounting to a course of conduct under the Protection from Harassment Act 1997 as it applies in Scotland. Police Scotland investigates and the Crown Office and Procurator Fiscal Service makes prosecution decisions.

Civil protections in Scotland. The Protection from Harassment Act 1997 allows a person to seek a civil non harassment order or damages for a course of conduct amounting to harassment. The Sheriff Court in Aberdeen can grant orders to prohibit contact or specified behaviour. Interdicts and interim interdicts can also be sought urgently where appropriate.

Employment process and deadlines. Workplace issues typically start with an internal report or grievance. If not resolved, most Equality Act employment claims must be presented to the Employment Tribunal within 3 months less one day from the act complained of. ACAS Early Conciliation usually must be started before claiming and it pauses the time limit for a period. Missing the deadline can be fatal, so early advice is critical. Remedies can include compensation for financial loss, injury to feelings assessed using the Vento guidelines, recommendations, declarations, and sometimes reinstatement.

Evidence and privacy. Useful evidence includes diaries, emails, messages, CCTV, witness accounts, and copies of policies. You may be able to request your employment data through a subject access request under UK GDPR and the Data Protection Act 2018. Non disclosure agreements cannot lawfully prevent you from reporting a crime, making a protected disclosure, or seeking medical and legal advice.

Health and support. In Scotland, self referral to a Sexual Assault Response Coordination Service is available for confidential healthcare and forensic options after a sexual assault. Support organisations can assist regardless of whether you choose to report to the police.

Frequently Asked Questions

What counts as sexual harassment under Scottish and UK law?

Sexual harassment is unwanted conduct of a sexual nature or conduct related to sex that violates your dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment. It covers comments, jokes, gestures, propositions, sexual images, messages, touching, and sexual advances. One serious incident can be enough. It applies at work, in education, and when using services under the Equality Act 2010, and some behaviour may also be a criminal offence.

Is unwanted touching or sexual assault the same as harassment?

Unwanted touching can be both unlawful harassment under the Equality Act and a criminal offence under the Sexual Offences Scotland Act 2009. You can pursue workplace or civil remedies and also report to the police. These routes can run in parallel. You do not have to choose only one.

Can I bring a claim if I am a contractor, agency worker, or job applicant?

Yes. The Equality Act protects a wide range of people beyond employees, including workers, contractors, agency workers, office holders, apprentices, and job applicants. The exact route and who is liable can be complex, so tailored advice is helpful.

What should I do immediately if I experience harassment at work?

If you are unsafe, prioritise safety and seek support. Record what happened with dates, times, locations, and witnesses. Keep messages and emails. Review your employer’s dignity at work or anti harassment policy and consider reporting to HR or a manager you trust. You can ask for interim measures such as a change of shifts or reporting lines. Get legal advice early to protect time limits and strategy.

How long do I have to start an Employment Tribunal claim?

Most Equality Act claims must be lodged within 3 months less one day of the act complained of. You usually need to start ACAS Early Conciliation before you can submit a claim, and the conciliation process pauses the deadline for a limited time. There are only narrow exceptions for late claims. Get advice as soon as possible.

Do I have to report to the police?

No. Reporting is your choice. For criminal conduct such as sexual assault or stalking, Police Scotland can investigate and special measures are available to support complainers. You can still make a workplace complaint or civil claim if you decide not to involve the police. In Scotland you can self refer to a Sexual Assault Response Coordination Service for healthcare and forensic options without making a police report.

What evidence should I collect?

Save relevant emails, messages, social media posts, screenshots, and photographs. Keep a diary of incidents with dates, times, locations, and names of any witnesses. Retain copies of policies, grievance documents, and meeting notes. Consider a subject access request to obtain your employment data. Never put yourself at risk to obtain evidence.

Can my employer be responsible for harassment by a colleague or manager?

Yes. Employers are generally vicariously liable for harassment carried out by their employees in the course of employment, unless they can show they took all reasonable steps to prevent it. From October 2024 employers also have a proactive duty to take reasonable steps to prevent sexual harassment. If the harasser is a third party such as a customer, there is no automatic statutory liability, but employers still must take reasonable steps to protect staff once they know about a risk.

Can an NDA stop me talking to the police, a regulator, or a doctor?

No. Confidentiality clauses cannot lawfully prevent you from reporting a crime, seeking medical or therapeutic help, obtaining legal advice, or making a protected disclosure under whistleblowing laws. If you are asked to sign an agreement, take independent legal advice before doing so.

What outcomes can I get from a tribunal or court?

Employment Tribunals can award compensation for financial loss, injury to feelings, and sometimes make recommendations to reduce the effect of discrimination. Civil courts can grant interdicts, non harassment orders, and damages. Criminal courts can impose sentences and may make a non harassment order on conviction. The right route depends on your goals, the evidence, urgency, and time limits.

Will I be victimised for complaining?

Victimisation for making or supporting a complaint about discrimination is unlawful under the Equality Act. If you are subjected to detriment or dismissed for raising harassment concerns, you may have a further legal claim. Keep records of any negative treatment after your report and seek advice quickly.

How are students in Aberdeen protected?

Students are protected under the Equality Act in education. Universities and colleges must take reasonable steps to prevent and address harassment. They have internal reporting and disciplinary processes, and students can also report to Police Scotland for criminal matters. Time limits and processes differ from employment, so seek advice specific to your institution.

Additional Resources

Police Scotland. For reporting criminal offences and seeking protective measures. Emergency help is available by calling 999. Non emergency reporting is available by contacting Police Scotland directly.

Crown Office and Procurator Fiscal Service. The public prosecutor in Scotland that decides whether to prosecute cases reported by the police and supports complainers and witnesses.

Aberdeen Sheriff Court and Justice of the Peace Court. Local courts where civil interdicts and non harassment orders can be sought, and where criminal cases are heard.

ACAS. Offers guidance on workplace rights, the Early Conciliation service, and practical advice on grievances and investigations.

Employment Tribunal Scotland. Hears discrimination and harassment claims under the Equality Act related to work. Hearings may be held in person or by video.

Equality and Human Rights Commission. Regulator for equality law that publishes Codes of Practice and guidance and can enforce the employer duty to prevent sexual harassment.

Equality Advisory Support Service. Helpline providing information and guidance about discrimination and Equality Act rights.

Citizens Advice Scotland. Independent, confidential advice on legal rights, employment issues, benefits, and practical next steps.

Rape Crisis Scotland and local rape crisis services. Specialist support, advocacy, and information for anyone affected by sexual violence.

Sexual Assault Response Coordination Service Scotland. Self referral service for confidential healthcare and forensic options after a sexual assault.

Scottish Women’s Rights Centre. Legal information, advocacy, and some representation for women affected by gender based violence.

Victim Support Scotland. Emotional and practical support for victims and witnesses of crime.

Scottish Legal Aid Board. Information on civil and criminal legal aid and how to find solicitors who can act under legal aid.

Law Society of Scotland. Directory of solicitors and accredited specialists in employment law, discrimination law, and criminal defence.

Next Steps

Prioritise safety and wellbeing. If you are in immediate danger call 999. Seek medical help if needed and consider contacting a specialist support service. If an incident may be criminal, you can report to Police Scotland when you feel ready.

Preserve evidence. Write down what happened with dates, times, locations, and witnesses. Save emails, messages, and documents. Avoid deleting accounts or resetting devices that may contain evidence.

Review procedures. Read your employer’s anti harassment or dignity at work policy and follow the reporting route. Ask for interim adjustments such as a change of shifts, workspace, or reporting line. If you are a student, use your institution’s reporting procedures.

Get legal advice early. Time limits are short. A solicitor in Aberdeen can assess your options across employment, civil, and criminal routes, help with ACAS Early Conciliation, prepare a Tribunal claim, apply for an interdict or non harassment order, and liaise with police and prosecutors where relevant. Ask about funding options, including legal aid or insurance cover.

Start ACAS Early Conciliation if a Tribunal claim is likely. This preserves your ability to claim while you try to resolve the dispute. Do not wait for an internal process to finish if a deadline is approaching.

Look after yourself. Consider confidential support from local services and talk to someone you trust. You are not required to handle this alone, and help is available in Aberdeen to protect your rights and safety.

This guide is for information only and is not legal advice. For advice on your specific situation, contact a qualified solicitor in Scotland.