Determining what qualifies as sex harassment is based on a subjective test. The individual experiencing the offensive behaviour decides whether or not it is inappropriate. Every individual has a different perspective on what is and is not acceptable behaviour. Because of this subjective component, sex harassment is often defined simply as "unwanted conduct based on sex affecting the dignity of women and men at work." Anyone who is being subjected to sexually inappropriate conduct of any kind should speak out about their objections. Should the offensive behaviour continue, then it is time to consult with a solicitor about bringing a claim before the Employment Tribunal.

At the present time, there is no single piece of legislation that covers all aspects of sex harassment. The Employment Tribunal instead relies on the mandates of the Sex Discrimination Act 19755, the EC Equal Treatment Directive 76/207 and the Employment Rights Act 1996. Some incidents may even qualify as criminal offences and lead to prosecution under the Protection From Harassment Act 1997. Victims of criminal harassment can bring a civil claim for damages in the County Court.

Sex harassment takes many forms. The harassment can be physical in nature, including groping, fondling or unwanted touching. Harassment can also be verbal, such as unwelcome remarks about a person's appearance, lewd comments or threats. Here is a non-inclusive list of the behaviours that the Employment Tribunal has ruled to be sex harassment in past cases:

• Requests for sexual favours.
• Sexual violence or threats of violence.
• Fondling and inappropriate touching.
• Making insensitive jokes.
• Lewd gestures.
• Suggestive or vulgar comments.
• Constant pestering for attention.
• Displaying inappropriate or sexually suggestive materials.
• Accessing pornographic websites.
• Making unwelcome sexual advances.
• Forwarding inappropriate emails.

The anonymity of the claimant can be preserved in certain cases. Although the Employment Tribunal is a public forum, it has the discretion to implement a "restricted reporting order" in cases of exceptionally explicit conduct so as to protect the identity of the victim.

The employer is responsible for paying any compensation awarded to the claimant by the Employment Tribunal. Sometimes employers are responsible for making the payment even when they were not the ones who actually committed the sex harassment. Employers have a legal duty to act on every complaint of sex harassment. If the employer fails to do so, then that employer can be held legally accountable for the acts of their employees. By law, every employer must have a policy about sex harassment in the workplace. Employers must also provide guidelines for dealing with any inappropriate incidents that may occur. Every employee should be made of aware of the policy. There is no limit as to the maximum amount of compensation that can be awarded for sex harassment claims. Moreover, the Employment Tribunal can elect to award aggravated damages in cases where it feels exceptionally offensive behaviour has occurred.

According to the Equal Opportunities Commission, there are steps that employers can take to protect their employees from sex harassment. The Commission provides suggestions to employers about the actions they can take to prevent sex harassment and effectively deal with any complaints that arise:

• Enact a thorough, easily understood sex harassment policy.
• Ensure that all employees are aware of and understand the policy.
• Continuously monitor the policy and update it when necessary.
• Seriously investigate every complaint of sex harassment and remember that sex harassment can greatly impact the physical and emotional well-being of the victim.
• Set a positive example and involve all supervisors and managers in upholding the policy.