Specialist abuse lawyer, Elizabeth Duncan, has recently won a sexual assault claim against the employer of a woman who was attacked while working as a home care provider.
Despite managers and other staff being well aware of a particular service user’s sexualised language to home carers our client’s employers still required her to visit the man's home on her own to provide care.
On the day in question the man ambushed our client and subjected her to a serious and prolonged sexual assault. She repeatedly tried to break free and during the course the attack she believed that she would be raped.
Our client reported the sexual assault to her employer and the police. She was very badly psychologically affected by the attack. She was unable to work and required counselling.
When she was well enough to return to work she found caring duties impossible as she was too scared to be in the homes of men on her own. She therefore had to change her career to work in retail where she felt safer.
Elizabeth agreed to make a sexual assault claim against her employer on a No Win - No Fee basis. She submitted the claim to the insurers of our client’s employer. However they failed to provide a formal response in relation to liability or provide the key documents we required to progress the claim.
We therefore made an application to the court for a Court Order to force the employer to provide the documents. The employer's solicitors said that as the business had been restructured they were unable to provide the documents we had asked for, even though they accepted we were entitled to them. They also said that because of this they could not comment on liability.
This was totally unsatisfactory so Elizabeth prepared the case for court proceedings to be commenced. She arranged for a psychologist to prepare a report on the impact the sexual assault had on our client. The psychologist confirmed that our client had suffered Post Traumatic Stress Disorder, but fortunately thought she would make a full recovery.
The psychological report and details of our client’s financial losses were sent to the other side and settlement proposals were put forward prior to taking the step of issuing court proceedings. The employer and their advisers recognised that this was a strong case and to avoid the need for expensive court proceedings they agreed an out of court settlement in the sum of £16,000.
Our client was delighted with the result, saying, “I would just like to thank you for everything you have done and the outcome that we got. I was afraid that nothing was going get done but with all your hard work it did”.
If you wish to bring a sexual assaulkt claim against an employer or any other party then give Elizabeth a call. She is always happy to provide free initial guidance and consider whether it's a case we can deal with on a No Win, No Fee basis.
Call Elizabeth on 0808 1391597 or email her at firstname.lastname@example.org