If you have suffered Sexual Harassment at work, you may be considering issuing a claim in the Employment Tribunal. This post explores the types of compensation which may be available in the event of a successful claim.
Sexual Harassment – General Remedies
If a Claimant succeeds in a claim of this nature, section 124 (2) of the Equality Act 2010 confirms that an Employment Tribunal may:
- Make a declaration as to the rights of the Complainant and the Respondent in relation to the matters to which the proceedings relate;
- Order the Respondent to pay compensation to the Complainant;
- Make an appropriate recommendation.
Sexual Harassment Compensation
For the purposes of this blog, I have concentrated only on compensation. In this respect, a successful Claimant (complainant) could look to recover several heads of compensation including:
- Financial losses. This largely includes loss of earnings but could also encapsulate other financial loss such as that relating to an unpaid bonus, salary increase, etc… if caused by harassment. In summary, the Employment Tribunal should, so far as possible, look to put the Claimant into the position they would have been in but for the harassment taking place and so this will require an assessment of the individual case.
- Injury to feelings. In Vento v Chief Constable of West Yorkshire Police (No. 2) [2002] EWCA Civ 1871, the Court of Appeal identified three broad bands of compensation for injury to feelings. The current rates for the bands are lower band of £1,300 to £12,600, the middle band of £12,600 to £37,700 and the upper band of £37,700 to £62,900, with exceptional cases exceeding £62,900.
- Personal injury. If the harassment has caused some kind of psychological injury, then this too can be claimed although medical evidence will usually be required.
- Aggravated damages. Awards for aggravated damages are rare but could be made if the Respondent has behaved in a particularly malicious manner either during the employment, any internal processes, and or the Employment Tribunal proceedings.
- Uplifts. Currently there are also two ways in which the Employment Tribunal can uplift compensation for Sexual Harassment by as much as 25%. Firstly, if they find that the Respondent unreasonably failed to follow the ACAS Code of Practice on Disciplinary and Grievance procedures. Secondly, if they find that the Respondent failed to take steps to protect you from harassment in the workplace.
Lincs Law Employment Solicitors Can Help
If you are considering lodging a claim for Sexual Harassment in the Employment Tribunal, contact us for a free initial enquiry on 01522 440512 or email on contactus@lincslaw.com. We will be happy to help.
Sophie Goodwill
Specialist Employment Solicitor
Lincs Law Employment Solicitors
Tags: Compensation for Sexual Harassment sexual harassment sexual harassment at work Third Party Harassment at Work