Sexual Harassment Solicitor

We are here for you when you need expert legal advice on sexual harassment in the workplace. Crushell & Co employment solicitors have extensive experience in advising both employers and employees on all aspects of sexual harassment in the workplace. We have a track record of achieving successful outcomes for our clients, through both formal and informal mechanisms.



Speak to one of our Dublin based specialist employment solicitors to determine how we can best assist you with your sexual harassment issue.

Employment Equality Acts and Sexual Harassment

The Employment Equality Acts provides that harassment is any ―unwanted conduct related to any of the discriminatory grounds‖ whereas sexual harassment is any ―form of unwanted verbal, non-verbal or physical conduct of a sexual nature. This unwanted conduct must have the ―purpose or effect of violating a person‘s dignity and creating and intimidating, hostile, degrading, humiliating or offensive environment for the person. 

Section 14A off the Employment Equality Act provides:

(7) (a) In this section —

(i) references to harassment are to any form of unwanted conduct related to any of the discriminatory grounds, and 

(ii) references to sexual harassment are to any form of unwanted verbal, non-verbal or physical conduct of a sexual nature, 

being conduct which in either case has the purpose or effect of violating a person’s dignity and creating an intimidating, hostile, degrading, humiliating or offensive environment for the person.

(b) Without prejudice to the generality of paragraph (a), such unwanted conduct may consist of acts, requests, spoken words, gestures or the production, display or circulation of written words, pictures or other material.”

Definition of Sexual Harassment

Sexual harassment is defined in the European Commission Recommendation of the 27th of November 1991 and the protection of the dignity of women and men at work 92/131/EEC. Part 2 (Definition) of the Annex to that Recommendation states:

“The essential characteristic of sexual harassment is that it is unwanted by the recipient, that it is for each individual to determine what behaviour is acceptable to them and what they regard as offensive. Sexual attention becomes sexual harassment if it is persisted in once it has been made clear that it is regarded by the recipient as offensive, although one incident of harassment may constitute sexual harassment if sufficiently serious. It is the unwanted nature of the conduct which distinguishes sexual harassment from friendly behaviour, which is welcome and mutual”.

The Labour Court in the case of Nail Zone Ltd and A Worker Determination No. EDA1023, defined the law in relation to harassment as follows:

“The essential characteristics of harassment within this statutory meaning is that the conduct is (a) unwanted and (b) that it has either the purpose or effect of violating a person's dignity and creating an intimidating, hostile, degrading, humiliating or offensive environment for the person. This suggests a subjective test and if the impugned conduct had the effect referred to at paragraph (b) of the subsection, whether or not that effect was intended, and whether or not the conduct would have produced the same result in a person of greater fortitude than the Complainant, it constitutes harassment for the purpose of the Acts.” 

S.I. No.208 of 2012 Employment Equality Act 1998 (Code of Practice) (Harassment) Order 2012

The intention of the perpetrator of the sexual harassment or harassment is irrelevant. The fact that the perpetrator has no intention of sexually harassing or harassing the employee is no defence. The effect of the behaviour on the employee is what is relevant.

Subjective Test - Sexual Harassment

The essential characteristics of harassment within this statutory meaning is that the conduct is (a) unwanted and (b) that it has either the purpose or effect of violating a person's dignity and creating an intimidating, hostile, degrading, humiliating or offensive environment for the person. This suggests a subjective test, but in practice, if a claim is initiated, it will be subject to some degree of objective examination.

Sexual Harassment - Outside of the Workplace

The Employment Equality Act 1998 (Code of Practice) (Harassment) Order 2012 confirms that harassment and sexual harassment can occur outside the workplace: 

―The scope of the sexual harassment and harassment provisions extends beyond the workplace for example, to conferences and training that occur outside the workplace. It may also extend to work-related social events.

Types of Unwanted Behaviour

The types of behaviour set out in the Code of Practice include physical conduct of a sexual nature such as unnecessary touching, patting or pinching, verbal conduct of a sexual nature such as unwelcome sexual advances, propositions or pressure for sexual activity or suggestive remarks, non-verbal conduct of a sexual nature such as the display of pornographic or sexually suggestive pictures or leering, whistling, or gender based conduct.

Defending Claim of Sexual Harassment

The Employment Equality Acts allow an employer a defence to a claim of harassment and/or sexual harassment where the employer can show that it took such steps as were reasonable practicable to prevent the employee 

from doing the act which is found to have constituted harassment or from doing in the course of his employment acts of that description. 

Sexual Harassment - Policies and Procedures

The existence of a policy which has been effectively communicated to employees can provide a defence to an employer, even where an employee has been found guilty of harassment or sexual harassment. The absence of a policy can make it difficult for an employer to avoid liability for harassment or sexual harassment perpetrated by an employee or business contact. 

Sexual Harassment Complaint 

It is always recommended that employers be afforded an opportunity to address any workplace concerns, complaints or grievances, in the first instance. If an employee does not achieve an adequate response, they may bring a claim to the Workplace Relations Commission, where the matter may be adjudicated. There may also be some remedies in the civil court. 

Engaging an Employment Solicitor

By engaging an employment solicitor to assist with a workplace dispute, an employer or employee can rest assured that they are fully briefed on the options available. Crushell & Co have a track record of achieving successful outcomes for clients through both formal and informal processes.