What to do if your employer is sweeping sexual assault or harassment under the carpet

Women around the world are horrified, but not shocked, by the alleged rape of a woman at Cornell University in 2024. The woman has filed a civil lawsuit against the Ivy League university, alleging that she was drugged and raped at a fraternity house.

In the lawsuit, filed on 16 September, she also says Cornell failed to protect her or adequately punish the men involved, who have since been dubbed the ‘Cornell Seven’.

Gender-based violence is rampant, including in the workplace. And, it often goes unaddressed, or even swept under the carpet in an attempt to save organisations’ reputations.

Twenty-five percent of women have been sexually assaulted at work, according to a survey by Unite, which has almost 300,000 women members. A further 8% said they had been a victim of sexual coercion, when a person pressures, tricks, threatens, or manipulates someone into engaging in sexual activity without genuine consent, at work.

It will come as little surprise that only 26 percent of respondents felt their employer had done enough to promote a sexual harassment zero-tolerance culture within the workplace. More than a third didn’t believe there was a zero-tolerance approach to this behaviour at their place of work.

Since 2024, employers have had a legal duty to take reasonable steps to prevent sexual harassment and create a safe working environment. But in many cases, employers will fail to deal with cases of harassment and abuse. Here’s what to do if your workplace isn’t protecting you or your colleagues from this kind of behaviour.

Keep a paper trail

"Sweeping allegations of sexual harassment under the carpet is not just poor practice, it can leave an employer seriously exposed,” says Hannah Strawbridge, an employment lawyer and CEO of Han Law. “Employers are under a positive legal duty to prevent sexual harassment, and ignoring complaints, minimising them or quietly moving the problem on is simply not good enough.

“My advice to anyone who thinks this is happening is to put their concerns in writing, keep a clear paper trail and escalate it if necessary,” she adds. “And don’t wait indefinitely for an internal process to resolve it – time limits are short and they continue to run.”

Write down all the details of the incidents, including dates, times, what happened and where, what was said, and any witnesses. You should also save copies of any emails, text messages, or formal grievance letters you submitted to your employer, as well as their responses.

Recognise what a cover-up looks like in reality

“‘Hiding it’ doesn’t have to mean some dramatic cover-up,” says Strawbridge. “It can be brushing it off as banter, doing a half-hearted investigation, discouraging someone from making a formal complaint, protecting a senior or high-performing employee, or simply moving people around and hoping it all goes away.”

Raise a formal grievance

If your employer is ignoring complaints or failing to investigate properly, submit a formal grievance in writing so there is a clear record of your concerns. Under the Equality Act 2010, employers can be held liable for sexual harassment carried out by their employees if they have not taken reasonable steps to prevent it.

“Speak to ACAS if you feel you’re getting nowhere internally,” says Strawbridge. They offer free, impartial advice on workplace rights and dispute resolution. You can also approach your trade union.

Remember, employment tribunal claims are subject to strict time limits, so it is important not to delay seeking support. You have 6 months minus 1 day from the date something happens to start an employment tribunal claim.

Research whistleblowing

Where an organisation is deliberately concealing misconduct, protecting perpetrators, or failing to address serious wrongdoing, you may be protected under the Public Interest Disclosure Act 1998 when raising concerns as a whistleblower. Protect is a great specialist independent whistleblowing service that you can contact if you are being penalised or discriminated against for speaking out.

Get support

There are many different organisations that provide free support and advice, depending on your needs. You could try Victim Support or Rape Crisis England & Wales for confidential emotional and practical help, but there are also organisations and charities local to your area. Rights of Women provide specialist legal advice on discrimination and harassment.

“Employers can’t just manage the PR around sexual harassment,” says Strawbridge. “They have a legal duty to prevent it in the first place - and if serious allegations are raised, they need to actually deal with them.”

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