"It Was Only a Joke." Except It Wasn’t.

Sexual Harassment, Whistleblowing, and the Cost of Doing Nothing.

There is a dangerous myth still lingering in some workplaces, usually those charmingly described as “old school,” that sexual harassment only exists when there is intent, desire, or physical threat.

That myth is wrong; legally, culturally, and morally. And from 6 April 2026, the consequences for employers who fail to act will become significantly more serious.

Under the Employment Rights Act, sexual harassment will become a qualifying disclosure under whistleblowing law. In simple terms: workers who raise concerns about sexual harassment will gain protection from detriment and unfair dismissal, even where the harassment hasn’t (yet) escalated into something more overt.

This is not a small technical change. It is a clear legal message that prevention matters, and silence, minimisation, or inaction will no longer be tolerated.

Prevention Is Not Optional; It Is the Law.

The law already requires employers to take reasonable steps to prevent sexual harassment. Not after an incident, not once a grievance is raised, but before harm occurs. That means:

• Setting expectations.

• Challenging inappropriate behaviour.

• Training managers to recognise risk.

• Intervening early, even when it feels uncomfortable.

Waiting until "something serious" happens is not a defence. It is a failure.

And yet, many of the cases I hear about don’t involve dramatic flashpoints. They involve comments. Jokes. Speculation. A workplace culture where lines blur, because no one thinks they’re crossing one.

Real Stories, Real Impact!

The following examples were recounted to me this year. They relate to one employee, navigating a professional role in a business that might charitably be described as traditional.

Before they had even started, members of the team were told:

• “They'll take all of the attention away from you.”

• “You’ll be overshadowed by how attractive they are.”

Later, comments circulated questioning their lifestyle:

• “How do they afford their home?”

• “Do you think they have a wealthy, sexual companion, who pays for everything?”

• “Or maybe an OnlyFans account?”

These remarks were made openly, casually, and without challenge. One comment came from a member of the LGBTQ community, another from someone of the same gender: both forming part of the leadership team.

Which raises the uncomfortable question many employers still ask: If there’s no sexual intent, can it really be sexual harassment?

Intent Is Not the Test!

Sexual harassment is defined as unwanted conduct of a sexual nature that has the purpose or effect of:

• Violating someone’s dignity, or

• Creating an intimidating, hostile, degrading, humiliating, or offensive environment.

Two things matter here:

1. Unwanted: not whether the speaker meant harm.

2. Effect: not whether the speaker felt it was harmless.

A comment does not stop being sexual harassment because:

• The speaker is not sexually attracted to the individual.

• The speaker is the same sex.

• The speaker believes they are being complimentary.

• The speaker thinks it’s “just banter.”

The law does not require a sexual threat. It requires sexualised commentary that undermines dignity. Speculating about a person's finances by sexualising their appearance or implying sex work, is not neutral. It is not professional. And it is not harmless.

It’s also important to remember that the targets of sexual harassment are not exclusively women. People of all genders can be affected, and the experiences of those targeted are diverse. Similarly, the gender or sexuality of the speaker is not predetermined, and anyone can share experiences or perspectives that challenge common assumptions

Direct vs Indirect Sexual Harassment.

Direct sexual harassment might include:

• Sexual comments about someone’s body.

• Explicit remarks or propositions.

• Unwanted physical contact.

Indirect sexual harassment is often more insidious:

• Sexualised jokes not aimed at someone, but about them.

• Comments that reduce professional credibility to appearance.

• Speculation that frames success through sexuality rather than skill.

Indirect harassment is frequently dismissed as culture, humour, or opinion. But its impact is cumulative. It signals to the individual, and everyone watching, that professionalism is conditional, and respect is negotiable.

“Old School” Is Not a Defence.

There is no exemption in employment law for:

• Long-standing businesses,

• Close-knit teams,

• Informal cultures,

• “That’s just how they are” personalities.

If anything, those environments carry greater risk, because inappropriate behaviour often goes unchallenged for longer. And from April 2026, an employee who raises concerns about these behaviours will not just be raising a grievance; they may be making a protected whistleblowing disclosure. That changes the stakes.

The Question Employers Should Be Asking Now.

Not: Would a tribunal really see this as sexual harassment?

But: Why did this feel acceptable to say out loud in our workplace?

Because culture is revealed in the comments people feel safe to make, and the silence that follows them.

Final Thought.

Sexual harassment is not always loud. It is often conversational. Embedded. Normalised.

Recognising that harassment can impact anyone, regardless of gender, ensures our responses, support systems, and conversations are genuinely inclusive

The law is evolving to reflect what many workers have known for years: harm does not require intent, and prevention cannot wait for escalation.

If this article makes you uncomfortable, that may be the point. The real risk is not challenging these moments early, it’s explaining later why you didn’t.

How Aspire Recruitment Services Can Help.

Aspire Recruitment Services partners with businesses that understand recruitment is not a single transaction, but part of a much wider employee experience. Rather than focusing solely on filling roles, Aspire Recruitment Services supports organisations to strengthen the environments people are hired into. This includes helping businesses to

• Build cultures that attract and retain the right people.

• Challenge outdated norms that quietly undermine inclusion and trust.

• Support leaders to intervene early, rather than react once harm has occurred.

• Align recruitment, culture, and compliance, instead of treating them as separate concerns.

Sexual harassment risk is not just an HR issue. It is a reputational issue, a retention issue, and a leadership issue. By embedding clear expectations from the point of attraction through to long-term employment, businesses can reduce risk, protect their people, and demonstrate what they genuinely stand for.

For organisations reviewing culture, leadership behaviours, or wider people strategy ahead of the 2026 changes, Aspire Recruitment Services offers strategic partnership, not just recruitment. Because progress in hiring only works when it is matched by consistency in purpose.