Sexual harassment is a serious matter under the law in England and Wales. While many people associate the term with behaviour in the workplace, it can occur in any setting and in many different forms. For someone who has been accused of harassment, or who is worried their behaviour may be reported to the police, it is necessary to understand what is legally classed as harassment of a sexual nature, and how the law distinguishes this from other offences such as sexual assault and sexual violence.

This guide explains how the Equality Act 2010 defines harassment, the types of behaviour that can lead to allegations, the potential legal consequences and how a solicitor can support you if you have been accused.

Sexual Harassment Under the Equality Act 2010

The Equality Act 2010 defines sexual harassment as unwanted conduct of a sexual nature that has the purpose or effect of violating a person’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment.

This definition is deliberately broad. It means that a single incident may qualify if it leaves the other person feeling intimidated, humiliated, or degraded. However, in practice, not every inappropriate or off-hand remark will result in formal action.

Behaviour that can amount to sexual harassment includes:

• Making sexual comments or repeated suggestive remarks in a work or social setting.
• Unwanted physical contact, such as touching or kissing, even if it happens only once.
• Spreading sexual rumours or sharing pornography in a way that targets another person.
• Remarks about a colleague’s sex life, sexual orientation or body that cause them to feel uncomfortable or ashamed.
• Displaying sexual images or sending explicit messages without consent.

While a one-off incident could technically fall within the legal definition, a tribunal or court will look at the context. This includes whether the behaviour was part of a wider pattern, whether it created a hostile environment, and the impact it had on the person affected. For example, a single wolf whistle would be less likely to result in legal action than a series of offensive messages sent to a single victim over time.

Because sexual harassment is treated as unlawful discrimination, anyone who experiences it has the right to bring a complaint. Employers and organisations can also be held responsible if they do not take appropriate action.

Examples of Behaviour That May Be Considered Illegal

Sexual harassment can take different forms depending on context. Common situations that may lead to allegations include:

• Making remarks about someone’s body, clothing or sex life.
• Repeated suggestive comments or questions that cross personal boundaries.
• Sending or displaying sexual images or forwarding pornography without consent.
• Starting or spreading sexual rumours about another person.
• Using workplace banter that creates a hostile environment or singles someone out.
• Acts such as stalking, indecent exposure or pressuring someone into unwanted physical contact.

It is also worth noting that certain conduct may go beyond harassment and amount to a criminal offence. For example, unwanted physical contact, indecent exposure or coercing someone into sexual activity are likely to be dealt with as sexual assault or sexual violence, and investigated by the police rather than treated solely as harassment under the Equality Act.

Sexual Assault and Sexual Violence

While harassment under the Equality Act usually arises in employment and civil law contexts, certain types of unwanted sexual behaviour are classed as criminal offences. These are likely to result in charges of sexual assault or sexual violence rather than harassment, and are taken much more seriously.

Examples include:

• Physical contact without consent, such as touching, kissing or groping.
• Attempts to coerce or force someone into sexual activity or sexual intercourse.
• More serious offences, including rape, indecent exposure or sexual acts carried out through intimidation or threats.

In these situations, the matter is no longer just about workplace or civil liability. It becomes a crime that can lead to arrest, prosecution and severe penalties. If an allegation of this type is made, the police will investigate and the accused should seek urgent legal advice from experienced sexual assault solicitors.

Can a Single Incident Be Harassment?

Many people assume that harassment only applies if behaviour is repeated over time. In reality, the law does not require a pattern. Under the Equalities Act 2010, a single act can be enough if it is unwanted and has the effect of leaving someone feeling sexually harassed, degraded, humiliated or offended. 

In these situations, the impact on the victim is considered just as carefully as the intention of the person accused. Even if the behaviour was not meant to offend, the legal test is whether it would reasonably cause someone to feel harassed or intimidated.

It is worth noting that this is different from the Protection from Harassment Act 1997, which is part of criminal law. That Act generally requires a “course of conduct” - at least two incidents - before harassment can be charged as a criminal offence. By contrast, under the Equality Act, a single unwanted act of a sexual nature may still lead to a harassment complaint in the employment tribunal or civil courts.