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Calling women ‘birds’ and boasting about sex is sexual harassment, tribunal rules

Sexual comments, questions or rumours count as sexual harassment, according to the EHRC

Referring to women as ‘birds’ and boasting about sexual conquests constitutes sexual harassment, a tribunal has ruled.

Employment judge Pavel Klimov awarded Nina Chung, a former employee of investment business Whisky 1901, £51,000 in compensation after Chung complained about the derogatory language used by her colleagues.

“It is unsurprising that the tribunal determined that calling the claimant a term that is only applied to women had the purpose or effect of creating a hostile environment, or that it was reasonable for the claimant to feel that way,” said David Bryden, managing employment associate at TLT law firm, speaking to HR magazine.

“It is clear that the ‘birds’ comment was part of a wider pattern of behaviour by the harasser(s).”

A colleague asked Chung if she was planning on getting pregnant, the tribunal heard. On another occasion, the same colleague locked Chung out of the company’s office.


Read more: How prepared are you for the legal changes coming on sexual harassment in the workplace?


On 26 October, the Worker Protection Act is due to come into force, requiring employers to take a preventative approach to sexual harassment in the workplace.

Charlie Barnes, head of employment legal services at audit and tax consultancy RSM, told HR magazine that employers will need to rethink the difference between banter and sexual harassment.

He said: “Whilst the new Worker Protection Act will not change the definition of harassment, it will bring into focus the need for all employers to ensure that they have taken the necessary steps to assess the risks of harassment arising within the workplace, and taken action to prevent them. 

“That will mean tackling workplace cultures and practices which may have previously been tolerated as ‘banter’.”

Byden explained that unwanted conduct constitutes sexual harassment. 

He continued: “Harassment happens where a person engages in unwanted conduct related to a protected characteristic (in this case, sex), and the conduct has the purpose or effect of violating the victim’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for the victim.”

Guidance published by the Equality and Human Rights Commission (EHRC) on 26 September explained that sexual comments, jokes, pictures, gestures, questions, rumours, looks, advances, messages or touching were examples of unwanted behaviour that could count as sexual harassment.


Read more: New EHRC guidance for employers on preventing sexual harassment


Lucy Cobb, advice operations manager at HR software firm BrightHR, advised employers to define what constitutes sexual harassment in their policies.

Speaking to HR magazine, she said: “Starting 26 October 2024, business owners will need a policy in place that clearly defines sexual harassment and provides concrete examples. 

“There is specific government guidance about what needs to be included in a good policy and that includes defining sexual harassment and providing clear examples to employees. 

“Beyond that, training is key. Employees will need to know what sexual harassment looks like, what to do if they encounter it, and managers must be equipped to handle those complaints effectively.”