Sexual Harassment Litigation in Britain: A Window on the Socially Irresponsible Workplace

Abstract

Sexual harassment is a widespread organizational phenomenon and an evolving legal issue. There is a growing literature on sexual harassment, but a dearth of research on claims that have been pursued in the courts, especially outside the US context. The paper explores the organizational and legal context in which parties to claims are operating and presents a preliminary analysis of the population of sexual harassment cases heard by Employment Tribunals and Employment Appeals Tribunals 1995-2005. Core findings relate to the imbalance of power between parties to claims; an over-representation of claims from women in paraprofessional occupations; a notable proportion of owners or proprietors involved in cases, pointing to problems in small businesses; the predominant nature of claims clearly reflecting sexual harassment as an operation of power; and a range of outcomes relating to initial complaints of SH and to subsequent litigation. Policy and further research implications of these preliminary findings are discussed.