Claimant v Premier Hulse Ltd
Outcome
Individual claims
The tribunal found that the claimant was subjected to sexual harassment during the course of her employment under section 26(2) of the Equality Act 2010. The harassment was sufficiently serious to warrant an award at the top of the middle Vento band (£40,000 including £10,000 aggravated damages), indicating sustained and serious unwanted conduct of a sexual nature that violated the claimant's dignity.
Facts
Miss Wilson brought a claim of sexual harassment against her former employer Premier Hulse Ltd under the Equality Act 2010. The respondent did not appear or defend the claim at the three-day hearing. The claimant was assisted at the hearing by a friend, Mrs Daley. The tribunal heard evidence about sexual harassment that occurred during the course of the claimant's employment.
Decision
The tribunal unanimously found the claim of sexual harassment well-founded and awarded £40,000 for injury to feelings, which included £10,000 aggravated damages, plus £3,989 interest. The tribunal specifically noted that its finding related to harassment during employment, not to discrimination in relation to the termination of employment.
Practical note
Sexual harassment claims can result in substantial awards at the top of the middle Vento band (£30,000 plus £10,000 aggravated damages), particularly where the conduct is serious enough to warrant aggravated damages and the respondent fails to defend the claim.
Award breakdown
Vento band: middle
Legal authorities cited
Statutes
Case details
- Case number
- 3313394/2022
- Decision date
- 12 February 2024
- Hearing type
- full merits
- Hearing days
- 3
- Classification
- contested
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No