Sexual harassment at work should be taken seriously.
The evidence may include messages, witnesses, repeated conduct, a single serious incident and what the employer did after becoming aware of the problem.
Preserve the evidence and the employer response
Sexual harassment can arise from unwelcome sexual behaviour in the employment context and can support a personal grievance. Unlike most personal grievances, the statutory notification period is generally 12 months. That extra time should not be treated as a reason to let evidence disappear.
- Save messages, screenshots, emails and other communications.
- Write down what happened, when, where and who was present.
- Keep any complaint you made and every response from the employer.
- Preserve the evidence even though the personal grievance notification period is generally longer for sexual harassment.
What the employer still has to justify
Unwelcome sexual conduct, requests, messages or behaviour occur in the employment context.
A complaint is minimised, blamed on the complainant or handled by someone with a conflict.
The complainant is disadvantaged, isolated or retaliated against after reporting the conduct.
The employer fails to investigate or take reasonable protective steps once it knows about the issue.
What actually matters here
01Preserve the original evidence
Do not rely on memory alone where texts, emails, chat messages, images, CCTV, rosters or witnesses may exist. Save material lawfully while it is available and write a dated account of what happened. The strongest evidence is often the contemporary record rather than a reconstructed narrative months later.
02The employer response matters
Where the employer becomes aware of harassment, what it does next can be significant. A proper response may require a fair investigation, appropriate interim measures and protection from retaliation or further disadvantage. Ignoring the complaint, trivialising it or turning the process against the complainant can create further issues.
03The notification period is different
A personal grievance relating to sexual harassment generally has a 12-month notification period rather than the usual 90 days. That longer period recognises the realities of reporting harassment, but there is still a practical advantage in preserving evidence and obtaining advice early.
What a useful result can look like
These cases should be handled carefully and factually. Contemporary communications, witness evidence and the employer's response can be central.
Workplace protection and corrective action.
Compensation and other personal grievance remedies where established.
Negotiated separation where continuing employment is not workable.
Formal proceedings if the matter does not resolve.