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Sexual Harassment

The impact of bullying, harassment and sexual harassment should never be underestimated.

At Lavelle Partners, we know that health, lives and careers can be damaged irreparably if bullying and harassment are allowed to persist, whether known or unknown from the perspective of the employer.

If you have been the victim of bullying in the workplace in Ireland, it is imperative you seek the guidance of an experienced specialist in this area of the law. Not only is a complete knowledge of the law required, we understand that you also need a solicitor who has the time and desire to listen with empathy to the details of your case and will do so with the utmost confidentiality.

Our Expertise in Sexual Harassment

Our dedicated Employment Team have been working in this area for over 35 years and have successfully brought to conclusion many cases of employment-related bullying, harassment, and sexual harassment.

Our Multi-Disciplinary Expertise

As a full-service law firm, client's benefit from our multi-disciplinary expertise, where we collaborate with solicitors in other practice areas to provide you with expert legal advice and guidance which meets your needs. Our Employment Solicitors regularly liaise with our Corporate & Commercial, Property and Litigation & Dispute Resolution Teams as appropriate.

Our Partnership with Talbot Pierce

Lavelle Partners work with Talbot Pierce Consulting to provide a seamless service in respect of Human Resource Management.

Talbot Pierce are a team of specialist HR professionals who work with us on a range of matters including advice on and delivery of conflict/dispute resolution solutions, best-practice HR strategies, policies and procedures.

Within the workplace context, the Employment Equality Act 1998-2015 defines harassment and as “unwanted conduct” which may take the form of:

Spoken words
Gestures or the production and display of written words
Pictures and other material
Offensive gestures or facial expressions
Unwelcome and offensive calendars, screen-savers, e-mails and any other offensive material in relation to any of the above characteristics.

Harassment is further defined as that which, “has the purpose or effect of violating a person’s dignity and creating an intimidating, hostile, degrading, humiliating or offensive environment for the person”.

Sexual harassment is defined as “unwanted verbal, non-verbal or physical conduct of a sexual nature”.

Bullying or harassment may be instigated by any member of staff, a customer, or business-related contact of any type (e.g. suppliers and third-parties).

There are a number of statutory provisions and codes that provide protection and guidance for employees from bullying, harassment and sexual harassment in the workplace.

The Employment Equality Act 1998-2015 (the Act) specifically places a duty on employers to prevent harassment. The Act states employers have an obligation to pay compensation to employees if they have been harassed at work in relation to any of the following protected characteristics:

Age
Civil status
Disability
Family status
Gender
Membership of the Traveller community
Race
Religious belief
Sexual orientation

Employees who have been harassed due to any of these characteristics may be eligible to make a claim to the Workplace Relations Commission.

The Employment Equality Act 1998 (Code of Practice) (Harassment) Order 2012 provides guidance for employers on the elimination of discrimination and the promotion of equality of opportunity. It also makes clear the impact of sexual harassment, stating:

“Sexual harassment and harassment on the eight other non-gender discriminatory grounds pollute the working environment and can have a devastating effect on the health, confidence, morale and performance of those affected by it. The anxiety and stress produced by sexual harassment and harassment may lead to those subjected to it taking time off work due to sickness and stress, being less efficient at work or leaving their job to seek work elsewhere. Employees often suffer the adverse consequences of the harassment itself and, in addition, the short and long term damage to their employment prospects if they are forced to forego promotion or to change jobs. Sexual harassment and harassment may also have a damaging impact on employees not themselves the object of unwanted behaviour but who are witness to it or have a knowledge of the unwanted behaviour”.

The Code of Practice essentially ‘sets the bar’ for what employers should be doing in relation to the elimination of harassment within the workplace. As such, there is no excuse for any form of bullying, harassment, or sexual harassment.

Related Area of Expertise:

Bullying, Harassment & Dignity at Work

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Why Choose Lavelle for advice on Sexual Harassment?

Our Employment Team, headed up by Partner Marc Fitzgibbon, have been supporting and assisting victims of bullying, harassment and sexual harassment in the workplace for over 35 years and have a strong reputation for excellence in this area of law.
Marc is ranked in Band 2 in the latest Chambers and Partners Europe 2024 Guide for Employment: Mainly Plaintiff.
Our Employment solicitors are empathetic, pro-active and have the legal expertise to advise on the optimal approach for you or your organisation.
We understand that bullying and harassment matters need to be managed with empathy and with the utmost confidentiality.
As a full-service law firm, client's benefit from our multi-disciplinary offering and our specialist legal expertise across a number of related practice areas including Banking & Finance, Corporate & Commercial and Property.