Best Sexual Harassment Lawyers in Luton

About Sexual Harassment Law in Luton, United Kingdom

In the United Kingdom, including Luton, sexual harassment is governed by the Equality Act 2010. This Act makes it unlawful to treat people less favourably because of their gender or to engage in unwanted behaviour of a sexual nature, conduct which either generates a hostile, intimidating or offensive environment or attempts to make a submission to sexual advances a precondition of some personal or vocational benefit. In general, the law seeks to protect all people, regardless of gender, from unwelcome actions, comments, or physical contact of a sexual nature.

Why You May Need a Lawyer

While some minor incidents could potentially be resolved internally within an organisation, often by making a complaint through established protocols, more serious instances of sexual harassment might require legal action. Circumstances where legal advice could be necessary include, when the harassment continues despite internal complaint, or when the harassment has resulted in serious emotional or work-related consequences such as being passed up on promotions or being unfairly dismissed. A lawyer will be able to assist in understanding your rights, advising on the best course of action, and advocating for you if legal proceedings become necessary.

Local Laws Overview

The local laws pertaining to sexual harassment in Luton fall under the wider UK law, specifically the Equality Act 2010. A key aspect of this law is that it applies to nearly all employers and service providers, regardless of their size and to the education sector as well. The law also recognizes that sexual harassment can occur between people of the same sex. Specifically, the Act defines three distinct types of sexual harassment: unwanted conduct of a sexual nature; treating a person less favourably for rejecting or submitting to unwanted conduct of a sexual nature; and unwanted conduct related to sex which has the purpose or effect of violating the person's dignity, or creating an intimidating, hostile, degrading, humiliating, or offensive environment.

Frequently Asked Questions

What constitutes sexual harassment?

Sexual harassment is any unwanted behaviour of a sexual nature that makes a person feel offended, humiliated or intimidated. This can range from making crude jokes or displaying explicit images, to physical sexual assault.

What can I do if I've been sexually harassed at work?

Firstly, keep a detailed record of the instances of harassment. You can then report the harassment to your employer, who is legally obligated to respond. If they fail to address the situation appropriately, you should consult with a lawyer for further action.

Can men also be sexually harassed?

Yes, both men and women can be victims of sexual harassment. Everyone has the right to be treated with respect and to feel safe at the workplace.

Is there a statute of limitations on reporting sexual harassment?

Yes, you must bring the claim within three months less one day from the date of the incident. However, in some exceptional circumstances, a tribunal may allow a claim outside this period.

Can I take legal action if I'm being sexually harassed by a co-worker?

Yes, you can. Although the harasser may be individually culpable, employers can also be responsible for sexual harassment among employees if they failed to take local steps to prevent it.

Can I be retaliated against for reporting sexual harassment?

Retaliation for reporting sexual harassment or participating in an investigation is prohibited by the law. If you experience retaliation, you should immediately seek legal advice.

What damages can I pursue in a sexual harassment case?

Victims of sexual harassment may be entitled to financial redress for emotional distress, loss of past and future earnings, and injury to feelings, amongst others. Every case is unique, and a specialised lawyer can help determine what you may be able to claim.

How do I prove sexual harassment?

Sexual harassment can be tricky to prove. It would be helpful to keep a detailed record of each incident including date, time, location, what happened, any witnesses, and any action taken after each incident. Keep any related emails, text messages or notes.

What if the harassment takes place online?

Online or cyber sexual harassment is equally unlawful. This could involve sending obscene or offensive content, or making lewd comments on social media or professional networks. Just like any other form of harassment, it should be reported to your employer or a legal professional.

Can sexual harassment happen outside of the workplace?

Yes, it can. See Section 26 of the Equality Act 2010. This applies to education, provision of goods and services as well as the workplace. This could include colleges, pubs, shops, and is not restricted to business hours.

Additional Resources

If you are dealing with sexual harassment, you may find the following resources helpful: your local Citizens Advice Bureau, which can give advice and help fight your case; the Equality and Human Rights Commission (EHRC), which ensures the laws protecting your rights are implemented; local law centres; and charities such as Rights of Women and the Rape and Sexual Abuse Support Centre, which provide advice and support.

Next Steps

If you believe you are a victim of sexual harassment, it's important to consult with a legal professional who specialises in this area of law. Start by gathering all related documentation, including any correspondence and a record of incidents, and reach out to a local legal adviser or solicitor. They should be able to instruct you further based on the specifics of your case, and will guide you through the process, whether that involves internal negotiations with your employer or taking your case to a tribunal.