Remedying Sexual Harassment via Industrial Tribunal Claims

Abstract

Though surveys of sexual harassment at work have consistently shown it to be a widespread and under‐reported problem, there has been little research directed at investigating the appropriateness of seeking a solution to it via claims to industrial tribunals under the Sex Discrimination Act. Based on research which aimed to explore, through interviews and questionnaires, the motives of those who had brought such legal proceedings and their experiences before, during and subsequent to the tribunal hearing, the findings cast doubt on the suitability of tribunal remedies and highlight the devastating long‐term psychological effects of sexual harassment on the victims. Overall the research suggests that remedying sexual harassment via tribunal claims can never be more than a second‐best solution. Concludes that prevention is better than cure and places the onus on management to take effective action against harassment.