1. Introduction
Sexual harassment in the workplace is treated as a form of discrimination on grounds of gender under Section 14A of the Employment Equality Acts 1998 to 2015. The Act imposes a statutory duty on employers to take reasonably practicable steps to prevent sexual harassment and to remedy it when it occurs.
This article considers the statutory framework, the meaning of sexual harassment, the employer’s defence under Section 14A(2), and the obligations imposed by the Workplace Relations Commission Code of Practice on Sexual Harassment and Harassment (S.I. 208 of 2012).
2. Legislation and Case Law
Section 14A(7) of the Acts defines sexual harassment as any form of unwanted verbal, non-verbal or physical conduct of a sexual nature, where the conduct has the purpose or effect of violating the person’s dignity and creating an intimidating, hostile, degrading, humiliating or offensive environment.
Section 14A(1) provides that an employer is liable for sexual harassment of an employee by a colleague, client, customer or other business contact, where the harassment occurs in the course of employment.
Section 14A(2) provides a defence where the employer can show that it took such steps as were reasonably practicable to prevent the harassment, and where harassment has occurred, to reverse its effects.
The WRC Code of Practice on Sexual Harassment and Harassment at Work (S.I. 208 of 2012) sets out detailed guidance on what constitutes reasonable steps, including the adoption of a written policy, the provision of training, and the implementation of a fair complaints procedure.
3. Decision
The WRC will examine whether the conduct complained of falls within the statutory definition of sexual harassment, whether the conduct was unwanted, and whether the employer can establish the Section 14A(2) defence.
Where a policy exists but is not communicated, not enforced, or applied inconsistently, the Section 14A(2) defence will typically fail. The Labour Court in A Hotel v A Worker EDA0915 confirmed that the existence of a policy on paper is insufficient; it must be operative in practice.
Compensation under Section 82(4) may extend to two years’ remuneration, with particular regard to the seriousness of the conduct and any psychological injury sustained.
4. Takeaway
Employers should adopt a written Dignity at Work policy that defines harassment, sets out the complaints procedure, provides for informal and formal resolution options, and is communicated to all staff with regular refresher training.
Complainants should report incidents promptly through the policy where it is safe to do so, and should retain records of any conduct, witnesses and the employer’s response. Where the employer fails to act, this strengthens the complaint and may lead to constructive dismissal in serious cases.
5. Further information
This article was prepared for informational purposes only. For further advice, please email enquiries@crushell.ie or contact the offices of Crushell & Co Solicitors.
6. About Crushell & Co
Crushell & Co is a specialist law firm focused on protecting and advancing the rights of employees in Ireland. We offer a nationwide service, advising individuals on a wide range of legal and regulatory issues arising at work, including employment law, employment immigration and workplace accidents and injuries.
We help employees understand their position and options by translating complex legal issues into clear, practical advice. Our approach is tailored to each client, ensuring that our strategy is aligned with their personal and professional circumstances.
Connect: @CrushellLaw or www.wordpress-576593-6594403.cloudwaysapps.com
