An overview of the UK Employment Appeal Tribunal decisions in sexual harassment cases 1995‐2005

Abstract

Purpose

The purpose of this paper is to present research conducted with legal cases of sexual harassment (SH) in Great Britain over the past ten years. The paper contributes to the equal opportunities literature since it offers a rare interpretation of longitudinal case data with important implications for law, policy, social science and, indeed, for the management of equal opportunities within organizations. The paper approaches SH both as an evolving legal issue and as a type of organizational conflict, with particular power influences and effects.

Design/methodology/approach

The population of individual case records with a SH component was accessed via the BALII database for the period 1995‐2005. These case records were content‐analyzed using a framework of variables developed for the study. Variables of interest initially were identified from a review of the social science, law and policy‐related literatures

Findings

The vast majority (96 per cent) of workers bringing appeals of SH were female. The data suggest that claimants were more likely to be single than married. In many ways, the profile of respondents appears a mirror image of claimants. This is true in terms of gender (92 per cent are men) and also in terms of organizational power; the large majority of individuals named as respondents in SH cases are managers or professional employees. It is evident from the analysis that there is low reporting and high attrition rates of cases relating to claims of SH.

Research limitations/implications

Given this paper examines appellate cases, it is important that the findings are set in context. The appellate cases tend to deal with questions of law, which may make these cases particularly unique from the run of the mill harassment cases. Whilst dealing with important legal issues it should be acknowledged that appellate cases are not necessarily representative of SH litigation in general.

Practical implications

The paper contributes to the equal opportunities literature since it offers a rare interpretation of longitudinal case data with important implications for law, policy, social science and, indeed, for the management of equal opportunities within organizations.

Originality/value

The paper concludes that management of risk relating to SH could be improved via knowledge of the litigation record. This means looking not just at cases that make law, but at the wider body of claims tested by tribunals. Analysis of these could open a window on SH in workplaces – illuminating how it operates, how individuals and organisations react to its experience and how employment tribunals assess claims overall.

Citation

Rosenthal, P., Lockwood, G. and Budjanovcanin, A. (2008), "An overview of the UK Employment Appeal Tribunal decisions in sexual harassment cases 1995‐2005", Equal Opportunities International, Vol. 27 No. 6, pp. 485-504. https://doi.org/10.1108/02610150810897264