This case illustrates the danger of an employer not being proactive in circumstances where members of staff are known to engage in physical contact; the invasion of someone’s space; and to engage in banter which could be construed as sexual harassment. There is a proactive duty on employers to intervene in such circumstances to ensure that policies are being adhered to in practice. The claimant was employed by the respondent as a support worker. Whilst working on a night shift the claimant was sexually harassed by a co-worker. When the claimant found out she would be again working on night shifts with her harasser she lodged a grievance with the respondent.

The respondent carried out a grievance report and