The BMA provides free and confidential 24/7 counselling and peer support services, you can call 0330 123 1245.
This is not the telephone number for BMA employment advice or membership services. You will be redirected to the contact options for these services if you require them.
What you can do if you have experienced or witnessed sexual misconduct
- As soon as possible after the event(s), make a note of what happened. Include dates, times, names and any witnesses, even if at this stage you have no intention of reporting the incident(s).
- Raise the incident with your manager or supervisor.
- Contact the BMA for advice.
- Find a colleague or student that you trust and get advice.
- Report the incident formally through your employer’s grievance procedure.
- Report to the police. Your employer should support you if you choose to report an incident to the police, but they should not put pressure on you to make a particular decision.
- Seek advice from a specialist service such as Rape Crisis UK or Rights of Women which can give advice on reporting incidents of sexual misconduct that have taken place in an employment environment.
How the BMA can support you
What is sexual misconduct?
Sexual misconduct is a term used to describe unwanted behaviour of a sexual nature. Sexual harassment and assault is another commonly used term to refer to this behaviour. Examples of sexual misconduct can include:
- Unwanted touching, hugging and kissing
- Indecent exposure
- Rape
- Sexual comments, ‘jokes’, noises and gestures
- Sexual requests or asking for sexual favours
- Sending unwanted emails or texts with a sexual content
- Spreading sexual rumours
- Stalking
There are many more examples of sexual misconduct.
The law
The Equality Act 2010 (applicable in England, Wales and Scotland) defines sexual harassment as; unwanted conduct of a sexual nature that has the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, humiliating or offensive environment.
The Worker Protection Act 2023 (amendment to the Equality Act 2010) put a legal duty on employers to prevent sexual harassment in the workplace. The Equality and Human Rights Commission have produced guidance on what type of actions employers should be taking. This anticipatory duty is applicable to protecting staff from harassment from third parties such as patients.
In Northern Ireland, there are series of anti-discrimination laws and protection from harassment, including sexual harassment. This includes the Sex Discrimination Order 1976 where harassment shares the same definition as the Equality Act 2010.
BMA members can access this webinar on preventing sexual misconduct in the workplace.
NHS Sexual Misconduct Policy
NHS England have implemented a programme of work on tackling sexual misconduct. This has included a template policy, which the BMA is calling on all Trusts and Local Health Boards to adopt.
Professional standards for doctors
The GMC’s Good Medical Practice includes a specific standard on sexual misconduct that states:
You must not act in a sexual way towards colleagues with the effect or purpose of causing offence, embarrassment, humiliation or distress. What we mean by acting ‘in a sexual way’ can include – but isn’t limited to – verbal or written comments, displaying or sharing images, as well as unwelcome physical contact.
Support services
- If you have been raped or sexually assaulted you can seek help at a Sexual Assault Referral Centre (SARC). Find your nearest centre.
- Rights of Women provides free employment legal advice to women in England and Wales experiencing sexual harassment at work.
- Rape Crisis England and Wales is a charity aiming to support those who have been sexually assaulted, harassed or who have experienced any form of sexual violence.
- Survivors UK has a free, confidential helpline for men and non-binary people affected by sexual violence.
- GALOP offers a free helpline and support service for LGBTQ+ people who have been affected by abuse and violence.
Further information
Is your employer taking action on sexual misconduct?
Check if your employer has signed the BMA’s ending sexism in medicine pledge. By becoming a signatory to the pledge, they are committing to their medical workforce that they will introduce progressive changes that address sexism, including preventing sexual misconduct.
If you are employed by the NHS, your employer is obligated to sign the NHS England’s Sexual Safety Charter. You can confirm to see if your employer is being compliant with the charter.
From 26 October 2024, employers have a legal duty to implement measures to actively prevent sexual harassment from taking place under the Worker Protection Act (2024). If an employer fails to take reasonable steps to prevent sexual harassment, the Equality and Human Right Commission can take enforcement steps, plus any successful tribunal claim will be subject to a compensation uplift of up to 25%.