Woman who suffered sexual assault at work wins compensation claim against her employer
Our client worked in an office attached to a factory. For many months she was subjected to sexual harassment from her team leader. This included unwelcome sexually explicit comments. Despite our client repeatedly asking him to stop the harassment continued.
One morning she arrived at work and had to ask her team leader to unlock the office door. He unlocked the door and followed her in. He then sexually assaulted her, groping her buttocks and breasts. Our client begged him to stop, but he said there was no one to see and continued to assault her.
Fortunately our client was able to break away and told another senior member of staff what had happened. While our client was reporting the sexual assault her assailant barged into the private room where they were talking and had to be repeatedly told to leave.
The police were involved and the assailant was dismissed from his employment.
Our client was extremely fearful and distressed by the sexual assault at work. She felt anxious and was scared to leave her home alone. She lost all her confidence and started to have suicidal thoughts. She required medical treatment, including antidepressant medication.
It was against this background that she approached us to pursue a sexual assault at work compensation claim against her employers. We agreed to bring the claim on a No Win, No Fee basis.
We sent a formal Letter of Claim to the our client’s employer. The law says that employers are ‘vicariously liable’ for the wrongful acts of their employees committed in the course of their employment. In other words, the employer is legally responsible for whatever their employees do while at work and are obliged to compensate anyone who suffers harm as a result.
Sensibly the employers admitted liability for the harassment and sexual assault and agreed to compensate our client.
We obtained a medical report from an independent Consultant Psychiatrist about the impact the sexual assault at work had on our client. The expert concluded that our client had suffered an Anxiety Disorder. She recommended that our client continue with the medication she was taking and also suggested a course of Cognitive Behavioural Therapy (CBT).
We obtained funding from the employer’s insurers so that our client could receive the recommended CBT treatment on a private basis.
Once her treatment was concluded were able to negotiate an out of court compensation package for our client.
For guidance on sexual assault at work compensation give us a call on 0333 888 0445 or email us at [email protected]