Sexual harassment expert witnesses

Sexual harassment instructions concern psychological injury, causation, treatment and functional impact. The expert does not decide liability or whether conduct meets the statutory test.

Preparing a sexual harassment expert witness instruction

A sexual harassment expert witness should be given a clear, neutral request that identifies the clinical questions, the relevant period and the material on which the opinion is to proceed. In this context, the usual issues may include psychological injury, psychiatric symptoms, workplace functioning, treatment needs and prognosis. The instruction should distinguish those clinical questions from the factual and legal issues that remain for the court, and should not ask the practitioner to determine disputed facts.

A complete chronology helps the practitioner understand the presentation in context. Depending on the case, the relevant bundle may include contemporaneous clinical records, occupational health material, employment documentation, grievance evidence and prior reports. The expert will decide whether a current assessment, a records review or further information is needed. They should be able to state what the available evidence supports, where the evidence is incomplete and the limits that apply to any retrospective opinion.

Some instructions require more than one discipline. Sexual harassment may sit alongside psychiatry or psychology, but each practitioner should have a defined remit. Focused questions and a proportionate bundle reduce duplication, assist efficient case management and allow the report to explain its reasoning, functional conclusions and clinical limits in a way the court can evaluate.

Practitioners are listed across all four UK nations. Scope, documents and availability are agreed directly with the practitioner.