Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

In the case of W v Lincolns Care Ltd ET/3304309/2018, the Employment Tribunal upheld the Claimant’s claims for sexual harassment after she was harassed by a sex offender, awarding her almost £25,000 in compensation.

The facts in W v Lincolns Care Ltd

The Claimant commenced employment for Lincolns Care Ltd (“Lincolns”) on 26 January 2015 in a position to support adults with mental health or learning disabilities in their own homes.

The following conduct occurred during the Claimant’s employment with Lincoln’s:

  • 9 February 2015: Juan Landazuri, a colleague and Spanish national, attempted to kiss her
  • 11 February 2015: Mr Landazuri stood directly behind the Claimant while she was working, described her as a “pretty lady”, and attempted to kiss her by grabbing her face in his hands. He attempted to put his tongue in her mouth
  • 12 February 2015: an incident similar to the incident on 11 February 2015 occurred, this time in the presence of a client of Lincoln’s
  • April 2015: Mr Landazuri touched between her shoulder blades, ran his hands down her back, and felt her bottom. He also touched her breasts on a separate occasion and asked intrusive private questions about the Claimant’s life and her sex life
  • Various occasions:  Mr Landazuri rubbed his hands on her back, described her as a “pretty lady”, and made his attraction to her sexually known

The Claimant complained about Mr Landazuri’s behaviour with her colleagues and with Lincolns and was told that this might be a ‘cultural matter’. She was told to ‘kick him between the legs’ if he attempted to approach her again. The Claimant also reported Mr Landazuri’s behaviour to the police – the Claimant was subsequently informed that Mr Landazuri was a convicted sex offender who had already once been deported from the UK.

The Claimant was extremely upset by her treatment; she did not go into work in June 2015 for two weeks as she felt too unwell to do so, and she was then signed off work by her GP. She decided that she could not return to work when she found out that Mr Landazuri was returning to work after being remanded on bail. She resigned from her employment on 30 June 2015.

The decision of the Employment Tribunal (ET)

The Employment Tribunal awarded default judgment in the Claimant’s favour, Lincolns not having filed a response to her claim. The Employment Tribunal therefore dealt with remedy.

Remedy

The Employment Tribunal awarded the Claimant a total 0f £24,103.09, comprised of the following:

  • Injury to feelings: £18,000
  • Loss of earnings: £874.05
  • Interest: £5,229.04

Our solicitors’ views on the case of in W v Lincolns Care Ltd

Chris Hadrill, the partner in the employment department at Redmans, made the following comment on the case: “The fact that the Claimant had complained about the way that she was treated but that no action was taken to deal with or investigate her complaints appears to have been an important issue in this case – employers must take complaints of sexual harassment seriously and deal with complaints in a prompt, efficient, and thorough manner. A failure to do so can potentially result in expensive, stressful and time-consuming litigation in the Employment Tribunal”

The decision of the Employment Tribunal in W v Lincolns Care Ltd can be found here.

About

Redmans Employment Team deal with employment matters for both employers and employees, including drafting employment contracts and policies, advising employers and employees on compromise agreements, handling day-to-day HR issues, advising on restructures, and handling Employment Tribunal cases for both employers and employees Call 020 3397 3603 to speak to one of the members of our employment team or email us on enquiries@redmans.co.uk. Redmans have offices in Richmond, Chiswick, Hammersmith, Fulham, Kingston, Wimbledon, Ealing, Kings Cross and Marylebone (meetings strictly by appointment only).

Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

Share →

Our awards

Request a callback

Your name

Your email

Your telephone number

Contact us

Please feel free to discuss your own position and concerns. Contact your nearest office on:

T: 020 3397 3603
E: enquiries@redmans.co.uk
W: www.redmans.co.uk

Testimonials

4.70 Average

73 Reviews

Richard v

Excellent Service

Posted 6 days ago

Anonymous

Very happy from service received. Highly recommend

Posted 6 days ago

Colin W

Very professional and thorough. Sachs who dealt with the bulk of my case was excellent Thank you. .

Posted 6 days ago

Anonymous

I was generally impressed with the fast turn around, efficiency, responsiveness, and consideration of circumstances. I needed a couple of areas of advice quickly and with Redmans help was able to get to a conclusion quickly and with minimum stress. They were friendly and professional throughout - I'd use them again.

Posted 1 week ago

Anonymous

The guidance and assistance I recently received when using Redman's was fantastic. Caroline & Chris were both very informative and understanding walking me through each step. Thank you.

Posted 1 month ago

Nicola W

Fantastic service, very quick and efficient. Thank you

Posted 1 month ago

Anonymous

Excellent professional service.

Posted 1 month ago

Anonymous

As with All solicitors advice without consequence but understood and communicated my legal position

Posted 1 month ago

Anonymous

Prompt, professional and excellent service.

Posted 1 month ago

Dominic C

Excellent service, prompt and helpful

Posted 1 month ago

Anonymous

I found Redman’s to be very efficient and got me the best deal available in the short time scale that was available.

Posted 1 month ago

Victor L

Very professional. Provided excellent advice on my Settlement agreement.

Posted 1 month ago

Anonymous

Professional from start to finish.

Posted 1 month ago

Oliver W

Excellent service provided by Redmans, will certainly consider using again.

Posted 1 month ago

Melanie H

Very professional and extremely personable service. Thank you very much.

Posted 2 months ago

Anonymous

I found Chris to be very approachable and easy to speak with about complex matters. He took action quickly and his updates to me, as his client, were prompt. I would recommend Chris and the team at Redmans without hesitation.

Posted 2 months ago

Anonymous

Good advice

Posted 2 months ago

Anonymous

Overall happy with the service provided by Chris and Rana.

Posted 2 months ago

Anonymous

Chris and Rana provide a great service, very informed, diligent and care about your result, would recommend Redmans

Posted 2 months ago

David W

A speedy efficient friendly service, I would definitely recommend Redmans Solicitors for processing Settlement Agreements.

Posted 2 months ago

Anonymous

Both Rana and Chris were fantastic. From the first phone call I was confident my matter was in good hands. I was not disappointed. I would highly recommend Redmans. Thank you again for all of your support and advice.

Posted 2 months ago