Sexual harassment continues to be one of the main grounds of complaint in discrimination tribunals. While traditional forms of sexual harassment are less common, new issues are emerging, including sexual harassment at work related functions and use of technology to sexually harass.

Sexual harassment is unwelcome conduct of a sexual nature that a reasonable person, having regard to all of the circumstances would have anticipated would cause offence, humiliation or intimidation. Sexual harassment laws apply to both men and women, and cover same sex harassment. There is no requirement for a pattern of behaviour – (one incident may be sufficient) nor of intention to harass the person. The particular sensitivities of the person harassed are tested.

Recent statistics show that 80 per cent of employees experience some kind of sexual encounter at work. Yet, they also show that 40 per cent of people meet their partners at work.

The test of sexual harassment requires 'unwelcome conduct' and accordingly, where the interaction is genuinely consensual, this will not constitute sexual harassment.

Examples of sexual harassment include physical contact, sexual propositions, inquiries into sex/private life, persistent requests to go out, suggestive comments and leering/staring.

Sexual harassment laws extend beyond work hours and work premises to any function that is 'work-related' unless 'all reasonable steps' were taken to prevent the harassment occurring. It may include Christmas parties, conferences, work lunches and even Friday night drinks.