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

4.76 Average

103 Reviews

Rob O

Very prompt response and I could not fault the service. My solicitor listened carefully to the details of my case and I felt very confident in the advice I was offered. All emails and work done on my behalf with my former employer was of the highest standard and Redmans helped take a lot of the stress out of the situation for me.

Posted 2 days ago

Mike H

Very professional, friendly, proactive. I would highly recommend Redmans.

Posted 2 days ago

Anonymous

Fantastic and quick service!

Posted 2 days ago

Anonymous

I was very satisfied with Redmans' service. Clear, sensible advice and the bill was in line with their estimate. I would recommend them.

Posted 2 days ago

Eugene A

Excellent communication and guidance provided on the redundancy settlement process. Process was concluded quickly, very satisfied with service.

Posted 2 days ago

Harold d

Great personlised service and quick communication. Solicitor helps greatly in understanding the options and advising best course of action.

Posted 2 days ago

Trish B

Professional and efficient. A pleasure to deal with.

Posted 3 days ago

Omi H

Excellent communication. A tactical negotiator to get the best package for the client. Highly recommended.

Posted 3 days ago

Nicholas S

Very prompt and efficient. Excellent advice.

Posted 3 days ago

Anonymous

Very helpful and always available to help! It was my first time to deal with any solicitors, but I felt very supported until the end!! Well done!! and great Job!!

Posted 1 week ago

Mohamed F

Excellent and professional solicitors, highly recommended

Posted 1 month ago

Anonymous

Redmans Solicitors provided a professional and prompt service in dealing with my settlement agreement. They used their experience to negotiate a better deal for which I am grateful for. I highly recommend their services.

Posted 1 month ago

Cheryl R

Very efficient and friendly lawyers. I have used Redmans twice now and Chris Hadrill has been amazing to work with. Would highly recommend Redmans.

Posted 1 month ago

Anonymous

I found Redmans Solicitors to be extremely professional, dealing with my questions and concerns quickly and in detail. I would have no hesitation in recommending Redmans Solicitors to anyone.

Posted 1 month ago

Anonymous

I requested Redmans services on a redundancy case. Both Chris and Rana were great, thoughtful, very professional and responded quickly. They were very clear throughout the entire process, regarding the process and my options and I couldn't feel I had better legal advice for my case. Overall excellent service and I would certainly recommend and use their services again.

Posted 1 month ago

Anonymous

Responsive, patient, thorough and personable - an excellent service.

Posted 1 month ago

Anonymous

The team at Redmans, Chris Hadrill and Sacha Barrett were always very helpful and had expert knowledge to assist me during my employment law matter, I would not hesitate to recommend them to all!

Posted 1 month ago

Arun T

Chris was punctual, attentive and accurate. He answered my questions with clarity and avoided dubiosity. I would recommend him to anyone seeking legal advice within his remit.

Posted 1 month ago

Yulian Z

Great service

Posted 1 month ago

Anonymous

Excellent, professional service and a speedy resolution. Many thanks

Posted 1 month ago

Taral P

Sacha and Chris were both very helpful in closing out my matter. Sacha was very clear in helping me understanding the documents I needed reviewing, providing a professional service throughout.

Posted 1 month ago