Sexual Harassment Time Limits

FIFA have opened up disciplinary proceedings against the Spanish FA President, Luis Rubiales, for his behaviour towards a Spanish player during the medal ceremony, after their win against England in the final of the Women’s World Cup. During this event he kissed Spain’s captain, Jennifer Hermoso, on the lips. With the spotlight on such a high profile incident of sexual harassment, Rosie Cowling considers the reporting of sexual harassment in the workplace and proposed changes to the law due to be brought into effect.

Whilst the act of Luis Rubiales took place in front of the world’s media, the majority of workplace harassment often goes under the radar.  Unfortunately, most victims do not report unwanted conduct for fear of not being believed, or damaging their working relationships and career prospects.

The Trade Union Congress carried out a poll of more than 1,000 women which found:

• 58% of all women, and 62% of women aged between 25 and 34 have experienced sexual harassment, bullying or verbal abuse at work;
• 43% of women have experienced at least three incidents of sexual harassment;
• Only 30% of women who experienced sexual harassment at work told their employer about what was happening;
• Only 44% of those being bullied, and 50% of those experiencing verbal abuse, report it.

The strict time limits imposed on bringing sex discrimination claims under the Equality Act are arguably unsupportive of encouraging victims of harassment to come forward.  Complainants need to lodge their complaints within 3 months of the date of the alleged act(s) of discrimination, or face having an otherwise meritorious claim struck out for being out of time.  The difficulties posed by these time-limits was highlighted in the government’s response to a recent consultation on harassment in the workplace, which acknowledged that an extension of the time limit would be beneficial to allow victims the space to pursue the course of action which they thought best.

The government response concluded that a 6 month time limit would be the most appropriate cause of action, and we are likely to see this extension become law ‘when parliamentary time allows’.  In the meantime, employers should continue to take steps to foster a culture which encourages employees (men and women) to speak up when they experience harassment, on any grounds, which includes being sympathetic to those who choose to take their time to raise concerns.  A delay in reporting does not, of itself, mean the complaint is any less valid.