Laying out your claim
You can claim sexual harassment at Tribunal in two different circumstances. The first is where you have experienced unwanted conduct of a sexual nature, which violates your dignity or creates an offensive or hostile environment. For example:
- An employer who displays any material of a sexual nature, such as a topless calendar, could make the workplace an offensive place to work for any employee, regardless of gender.
- Male members of staff download pornographic images on to their computers in an office where a woman works. The effect of this is to create a hostile and humiliating environment for her.
The second is where you have been treated less favourably because you have either submitted to or rejected sexual harassment, or harassment related to sex or gender reassignment. For example:
- A shopkeeper propositions one of his shop assistants. She rejects his advances and then is turned down for promotion which she believes she would have got if she had accepted her boss’s advances.
With sexual harassment, your employer can be liable for the acts of its employees, as well as the employees being personally responsible.
It’s important to be aware that sexual harassment is different from harassment related to the protected characteristic of sex.
Proving your claim
You don’t need to attach evidence to a Tribunal ET1 claim, but it’s a good idea to back up your claims by mentioning the evidence you intend to use. For sexual harassment claims, people typically refer to evidence such as text messages, emails, letters, meeting notes and witness evidence.
What you can ask for in your sexual harassment claim
If you’re successful in a Tribunal claim, you will be awarded a “remedy”. This mainly includes financial compensation, like loss of earnings. It can also include some non-financial remedies too.
Common remedies people ask for at Tribunal
Some of the key remedies you can ask for at Tribunal are:
- The money you have lost from being out of work, or working in a lower-paid job.
- The money that you expect to lose in the future from being out of work, or working in a lower-paid job.
- Wages that you are owed, including holiday pay and notice pay.
Discrimination-specific remedies
As well as the common remedies that you can ask for, discrimination-specific claims also have the option to include an “injury to feelings” remedy. This is compensation which you can be awarded when you have been hurt or distressed because you have been discriminated against.
Injury to feelings is generally awarded within one of three “Vento bands” depending on severity.
For example, Ellie’s boss, the Managing Director of the company, sexually harassed her on multiple occasions. This included inappropriate behaviour at business dinners and during a business trip where they had to share an apartment. She was awarded £20,000 plus interest for injury to feelings. The Tribunal acknowledged the stress and sleep deprivation caused by her being harassed.
Real sexual harassment cases you can learn from
Total award: £26,730.40 plus interest
Outcome: the Tribunal found liability for both the company (of which the boss was a director) and the boss himself.
Total award: £28,000 plus interest for the sexual harassment part of her claim
Outcome: her employer and the Managing Director were both held responsible for the sexual harassment. She was also successful in other claims, including constructive dismissal.
Further reading
- Equality Act 2010 section 26
- Equality Act 2010 section 40
- Employment Statutory Code of Practice (pages 92-98)