Best Sexual Harassment Lawyers in Stonehaven

About Sexual Harassment Law in Stonehaven, United Kingdom

Stonehaven is in Aberdeenshire, Scotland, so both UK-wide equality legislation and Scots criminal and civil law apply. Sexual harassment is unlawful in workplaces, in education, when accessing services and clubs, and in many public and online settings. It can be addressed in two main ways. First, as a civil matter under the Equality Act 2010 if it is discrimination or harassment related to sex or is of a sexual nature. Second, as a criminal matter where the conduct amounts to an offence, for example sexual assault, stalking, threatening or abusive behaviour, or offensive communications.

In employment, sexual harassment includes any unwanted conduct of a sexual nature, or unwanted conduct related to sex, that violates your dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment. Outside work, harassment and abuse can be tackled through the civil courts in Scotland or by reporting to Police Scotland if a crime is suspected. You can seek practical protections such as a Non-Harassment Order, and you may be entitled to compensation for losses and distress.

Why You May Need a Lawyer

A Scottish solicitor experienced in discrimination, employment, and harassment can help you work out your options, protect your position, and meet strict deadlines. You may need tailored legal help if you are raising a workplace grievance, negotiating adjustments to stop the harassment, or considering an Employment Tribunal claim. A lawyer can also advise on settlement agreements and nondisclosure clauses, ensuring your right to report crimes or speak to regulators is not restricted.

Legal advice is also valuable if the harassment occurs outside work, such as online, in public, or in education or housing. A solicitor can advise whether the behaviour is criminal, support you in reporting to Police Scotland, and apply for civil protections like a Non-Harassment Order or an interdict. If you have suffered a detriment such as dismissal or loss of promotion after rejecting advances, legal advice is crucial to preserve your rights and evidence.

Local Laws Overview

Equality Act 2010 - This UK-wide law applies in Scotland. In employment and vocational training, harassment includes unwanted conduct of a sexual nature, or unwanted conduct related to sex, that has the purpose or effect of violating dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment. It is also unlawful to treat someone less favourably because they submitted to or rejected sexual harassment. Employers are generally responsible for harassment by their staff unless they can show they took all reasonable steps to prevent it. You are protected from victimisation for raising concerns. Employment Tribunal claims must usually be started within 3 months less one day of the act complained of, subject to ACAS Early Conciliation rules that pause and extend the deadline.

Equality in services, education, and public functions - The Equality Act also protects you when you use shops, transport, healthcare, local authority services, universities and colleges. In Scotland, non-employment discrimination claims under this Act are normally raised in the sheriff court, with a short time limit of 6 months less one day in most cases.

Criminal law in Scotland - There is no single offence called sexual harassment, but conduct can be prosecuted under several offences, including sexual assault or coercion 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 2010 Act, communications offences such as sending grossly offensive or obscene messages under section 127 of the Communications Act 2003, and breach of the peace in some circumstances. Public sexual harassment is not a standalone offence in Scotland at present, but many behaviours are already criminal. Report suspected crimes to Police Scotland.

Civil protections in Scotland - You can apply to the sheriff court for a Non-Harassment Order under the Protection from Harassment Act 1997 as it applies in Scotland. The order prohibits specified conduct and breach is a criminal offence. Depending on the situation, you may also seek an interdict, and a power of arrest can sometimes be attached. Special measures can help vulnerable witnesses in criminal and civil cases, for example screens or video links.

Process and enforcement - Police Scotland investigates criminal complaints, and the Crown Office and Procurator Fiscal Service decides on prosecutions. Employment claims are decided by Employment Tribunals in Scotland. Civil harassment and equality claims outside employment are usually heard in the sheriff court serving your area.

Frequently Asked Questions

What counts as sexual harassment under the Equality Act 2010?

It is any unwanted conduct of a sexual nature, or unwanted conduct related to sex, that violates your dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment. It covers physical acts such as touching, non-physical acts such as comments or jokes, sexual images, repeated invitations after refusal, and online behaviour such as messages or posts. It also protects you if you are treated worse because you rejected or submitted to sexual advances.

Is sexual harassment a crime in Scotland, and when should I call the police?

Some harassment is a crime, for example sexual assault, stalking, threatening or abusive behaviour, indecent exposure, or grossly offensive communications. If you feel unsafe or a crime is in progress call 999. To report non-emergency matters call 101. Police Scotland can investigate and may refer the case to the Procurator Fiscal. You can pursue criminal and civil or employment routes at the same time.

What should I do immediately after an incident?

If you are in danger seek a safe place and call 999. Preserve evidence by keeping messages, emails, and screenshots, and note dates, times, locations, witnesses, and what was said or done. If it is a workplace issue, check your employer policies and consider reporting to your manager or HR. You may also contact your trade union, a support service, or a solicitor. Medical attention and support services can also help your wellbeing and create records of what happened.

How long do I have to start an employment claim in Scotland?

Employment Tribunal time limits are usually 3 months less one day from the last act of harassment or from dismissal if relevant. Time limits are strict. Starting ACAS Early Conciliation is mandatory in most cases and pauses the clock. When conciliation ends you will receive an Early Conciliation certificate and your deadline will be extended by the conciliation period plus a short additional period.

Do I have to use ACAS Early Conciliation before I can claim?

Yes, in most employment cases you must contact ACAS first. ACAS will try to help you and your employer resolve the dispute. If it does not settle, you can proceed to the Employment Tribunal using the certificate number. Keep a record of dates to protect your limitation deadline.

Can my employer be liable for what a colleague or manager did?

Yes. Employers are generally liable for harassment by their employees in the course of employment unless they can show they took all reasonable steps to prevent it, such as effective policies, training, prompt investigations, and disciplinary action. If you suffer a detriment or dismissal for complaining, that may be unlawful victimisation or unfair dismissal.

What if the harassment came from a customer or someone not employed by my employer?

There is no specific third party harassment provision now, but employers still owe duties to provide a safe working environment. Depending on what the employer knew and how they responded, you may have claims in discrimination or health and safety. Practical steps include asking your employer to take measures such as banning the customer, changing rotas, or providing security. Legal advice can assess whether the employer response was reasonable.

What evidence should I gather?

Keep a contemporaneous diary of incidents with dates, times, and locations. Save texts, emails, photos, social media posts, voicemails, and messaging app screenshots. Keep copies of workplace reports, grievance outcomes, and policies. Note witnesses and preserve CCTV references if any. For online or disappearing messages, take screenshots promptly and include date and username information.

What remedies and compensation can I expect?

Employment Tribunals can award compensation for financial loss such as lost earnings and for injury to feelings, order recommendations to reduce the effect of discrimination, and in some cases award aggravated damages. In sheriff court civil actions you can seek damages and protective orders such as a Non-Harassment Order. In criminal cases the court can impose sentences and you may be able to seek compensation, though punishment is the primary focus.

Can I get protective court orders and remain anonymous, and is legal aid available?

In Scotland you can apply for a Non-Harassment Order to prohibit specified conduct, and breach is a crime. Interdicts and special measures in court may also be available. Anonymity is not automatic in civil or tribunal cases, but you can ask the court or tribunal for orders to protect your identity in appropriate circumstances. Legal aid may be available depending on your case type and financial eligibility. A Scottish solicitor can assess funding options including legal aid, insurance cover, or trade union support.

Additional Resources

Police Scotland - Emergency 999, non-emergency 101. You can ask for the North East Division if you are in Stonehaven.

Crown Office and Procurator Fiscal Service - The public prosecutor in Scotland, responsible for criminal proceedings.

ACAS - Free advice on workplace rights and Early Conciliation. Helpline 0300 123 1100.

Equality Advisory and Support Service - Information on discrimination under the Equality Act in Great Britain. Helpline 0808 800 0082.

Equality and Human Rights Commission Scotland - Guidance on equality and human rights standards and enforcement.

Rape Crisis Scotland - National helpline 08088 01 03 02 offering confidential support across Scotland.

Victim Support Scotland - Free emotional and practical support. Supportline 0800 160 1985.

Scottish Women’s Rights Centre - Legal information and support for gender based violence. Helpline 08088 010 789.

Scottish Women’s Aid and local Women’s Aid groups - Support relating to domestic abuse, safety planning, and legal routes.

Scottish Legal Aid Board - Information on eligibility for legal aid and how to find a solicitor who accepts legal aid.

Citizens Advice Scotland - Free, confidential advice on rights, processes, benefits, and practical next steps.

Scottish Courts and Tribunals Service - Information on sheriff courts, special measures, and practical guidance for court users.

Next Steps

Prioritise your safety. If you are in immediate danger call 999. Otherwise consider confiding in someone you trust and contacting a support service for confidential help. Seek medical care if needed.

Preserve evidence. Keep messages, emails, and screenshots. Write down what happened, when, and who witnessed it. Save copies of workplace policies and any complaints you make. Do not destroy or alter anything that may be relevant.

Report the behaviour. In the workplace, use your employer’s reporting or grievance process and follow up in writing. In public or online, report to Police Scotland if you believe a crime has been committed. In education or services, use the provider’s formal complaints route and consider legal advice if the response is inadequate.

Get legal advice early. Time limits are short, especially the 3 months less one day Employment Tribunal deadline and the 6 months less one day Equality Act deadline in non-employment cases. Contact a Scottish solicitor experienced in employment and discrimination or in civil harassment. Ask about legal aid, insurance cover, or union support.

Consider resolution options. ACAS Early Conciliation is usually mandatory before an Employment Tribunal claim. You can also explore negotiated solutions such as changes to working arrangements, disciplinary action against the harasser, or settlement agreements. Make sure any agreement does not unlawfully restrict your right to report crimes or speak to regulators.

Protect yourself going forward. Discuss safety measures with your employer or the relevant organisation. If necessary, seek a Non-Harassment Order or an interdict through the sheriff court. Support services can assist with safety planning and emotional support while your legal case proceeds.