Francis Shennan considers the many problems raised by the issue of sexual harrassment at work

A new law of equal treatment at work should replace existing legislation on sex discrimination, according to employment lawyers and the Equal Opportunities Commission. The law would define sexual harassment more clearly and protect victims better.

Many cases of sexual harassment are not reported because victims are worried about their chances of promotion, about

facing exhausting disciplinary proceedings or having their credibility questioned, according to Claire McManus of solicitors Harper Macleod.

The behaviour can be blatant, such as lewd comments and physical attacks, or subtle, such as

a male undermining female colleagues, refusing to deal with them or treating them detrimentally in a way they would not do to a man.

''There are a huge number of cases which are never reported because victims are afraid they will not be taken seriously,'' she said.

The other fear is about having their private lives examined at a hearing and being reported

at length in the media, as happened to Karen Pearce when her affair ultimately led to the court martial of Lieutenant Colonel Keith Pople.

''Many are frightened that their love life will become a matter of speculation if their case hits the media,'' said McManus, ''and that they will find themselves on trial and not their abuser.''

Her view was supported by Muriel Robison of the Equal Opportunities Commission (EOC) for Scotland, which last year dealt with 23 cases of sexual harassment. ''While a victim's past conduct may not affect the ruling, it can affect the amount of compensation awarded,'' she said.

''We are concerned that where evidence about a woman's character and sexual attitudes is relevant, this leads to resentment as it has done in rape cases and this is

likely to deter victims from speaking out.''

The problem is that victims have to prove to a tribunal that they suffered in some way, such as ''hurt feelings.'' McManus explained: ''Sexual harassment at present comes under the Sex Discrimination Act of 1975 and is legally a grey area with each case being judged on its own merits.

''It is argued in the sex discrimination cases that the harassment caused a person to suffer a 'detriment.' This can be a fairly obscure argument and we would like a clear definition of sexual harassment to make it easier for people to take their cases to tribunals.''

The Act seems to apply only those in paid employment. ''It does not protect volunteers who find themselves harassed while engaged in voluntary work,'' said Robison.

''At present it is not absolutely clear whether the Act offers any protection against sexual harassment outside the employment relationship, such as between student and lecturer.

''Consequently the protection against this unacceptable treatment is neither comprehensive, effective or adequate.''

The EOC wants a new statute which expressly prohibits sexual harassment by using a definition recommended by the European Commission. This describes it as ''conduct of a sexual nature or other conduct based on sex affecting the dignity of women and men at work, including conduct of superiors and colleagues.''

Robison added: ''It is important that the circumstances in which sexual harassment arises should be more clearly defined.'' Ironically the European Commission definition still refers specifically to ''at work.''

In the meantime McManus recommends that victims approach a manager immediately. ''If anyone feels they are being treated in an inappropriate way by a colleague they should speak to a personnel manager or a senior staff member immediately before things get so bad they feel they have to leave,'' she said.

''If an employer is not aware their employee is being harassed, the courts are less likely to make a settlement against them.''

Too often, though, managers

do not have the experience to deal with the problem. Harper Macleod and career consultants Sanders & Sidney last month (April) co-sponsored a mock industrial tribunal for 160 personnel and other managers.

''Most managers do not have any experience of dealing with harassment,'' said senior consultant Caroline McCreath, ''and face it only when they are at a tribunal.

''It is essential that employers are aware of the issues so that they can keep a watchful eye and nip any problems in the bud. Sexual harassment, whether perceived

or real, can be a blight on an individual's career.''

Perception is a major problem in identifying and dealing with any form of sexual conduct or dialogue at work, as pointed out in a new book from The Industrial Society called Sex At Work.

''When tiptoeing through the minefield that is sexual harassment in modern business,'' says the author, Judi James, ''a key component has to be considered at all times: perception. It is important to remember that we all view the world through a different s et of eyes.''

Those perceptions change over time. ''We are in the era of PPC,'' says James, ''Post-Political Correctness, which in turn was a backlash to the macho eighties, which followed the heavy feminism of the seventies, which came in the wake of the permissive sixt ies and so on.''

Perception will influence behaviour. If it is perceived as acceptable to make derogatory sexual remarks, people are more likely to make them - male and female. James quotes an office manager as saying: ''The women here take the mickey out of the young lads all the time.''

Behaviour can in turn influence perception and complaints are more likely to be stifled for fear of not being taken seriously in an atmosphere where any harassment is tolerated.

That also applies to events in the wider world. ''Recent rulings like that in America dismissing the Paula Jones case against President Clinton will do nothing to encourage women to come forward,'' said McManus.