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:
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:
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.
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.
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.
Some of the key remedies you can ask for at Tribunal are:
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.
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.