Want to talk to an expert employment law solicitor?

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

In the case of Ms C v (1) The Governing Body of Warren School and (2) Suffolk County Council the Employment Tribunal held that Ms C, the Claimant, had been unfairly dismissed and subjected indirect sex discrimination after she was required to work in an environment where she had been sexually assaulted. The Employment Tribunal awarded her over £50,000 in compensation (this case is a remedy judgment only).

The facts in Ms C v (1) The Governing Body of Warren School and (2) Suffolk County Council

Ms C, whose details were anonymised for the purpose of this claim, was a teacher at Warren School. On 16 June 2016 there was an incident at the school in which Ms C was sexually assaulted by a 17-year-old male pupil who put his hand up her dress and flapped it against her vagina. When Ms C told him to stop he slapped her on the arm and then, when she walked away, he ran after her and pushed into her back. Ms C was extremely upset by this incident and began a period of absence from work on 17 June 2016 from which she did not return, resigning on 13 December 2016.

The decision of the Employment Tribunal in Ms C v (1) The Governing Body of Warren School and (2) Suffolk County Council

The Employment Tribunal held that requiring Ms C to continue working with the pupil that sexually assaulted her, given his known sexual behaviour, amounted to a requirement that she work in an environment where a sexual assault should take place. The Tribunal therefore found that Ms C’s claim for indirect sex discrimination case succeeded. The Tribunal also held that the event which took place between the assault and the resignation amounted to a breach of the implied term of mutual trust and confidence, with her resignation therefore amounting to a constructive dismissal.

The Tribunal made the following awards in Ms C’s favour:

Injury to feelings

The Tribunal found that there was a causal link between the discrimination that Ms C suffered (the requirement to work in the same workplace as the student who had sexually assaulted her) – she was knowingly placed at risk, that risk came to pass, and Ms C was injured as a result.

The Tribunal found that the following incidents had contributed to the injury caused to Ms C’s feeling (this is not an exhaustive list):

  • Ms Bird (the head teacher) not recognising the assault as a “sexual assault”
  • The head teacher’s lack of support
  • Warren School not passing on information to Child A’s (the child who sexually assaulted her) new school
  • The comment by Ms Bird to the effect that such things are part of the job
  • Ms C’s perception that she was criticised for wearing a dress

The Tribunal awarded Ms C £16,000 as compensation for injury to feelings (the middle Vento bracket), based on the fact that Ms C had suffered serious psychological injuries as a result of the discrimination but that most of the incidents occurred after the sexual assault (the most serious incident).

Loss of earnings

The Tribunal made an award for past and future loss of earnings (to the date of the remedy hearing) in respect of the unfair dismissal claim of £16,935.

The Tribunal also made an award of £16,000 for injury to feelings, and £15,473 in respect of loss of income as a result of the discrimination.

The Tribunal also made a Basic Award of £1,916.

The total award of compensation made by the Employment Tribunal (inclusive of interest) amounted to £52,493.

Our solicitors’ view on Ms C v (1) The Governing Body of Warren School and (2) Suffolk County Council

Chris Hadrill, a specialist employment solicitor at Redmans, commented on the case: “This case involved a detailed analysis by the Employment Tribunal of the circumstances in which an award for injury to feelings may be made, and how the Tribunal will calculate the value of an award for injury to feelings (as well as other heads of compensation). It is therefore worth legal practitioners and laypersons alike reading the case.”

The judgment of the Employment Tribunal 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.

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

4.52 Average

21 Reviews

Redman's provided excellent legal employment advice for me during a difficult time in my employment. Chris was my lawyer, super efficient, quick, reliable and clearly very experienced in the matter. Could not ask for a better law firm to deal with your query if you are in need of some help. Would definitely use them again in the future. Highly recommending Chris.

Posted 1 month ago

Steven

Chris Hadrill was very professional and responsive. I would highly recommend him

Posted 1 month ago

Dinah

Very Efficient, with very quick email reply’s. I had a matter that needed resolving within a very short space of time and Redmans Solicitors were great with dealing with my matter quickly.

Posted 1 month ago

Ankar

At Redmans the solicitor that was dealing with me was Chris. He dealt with my situation smoothly with clear guidance and explanation

Posted 1 month ago

Anonymous

Clear, concise advice and guidance delivered by an experienced and very capable solicitor, within the timelines required

Posted 2 months ago

Anonymous

Very efficient service. I never had to wIt for more than a day for a reply to any of my queries and the matter was dealt with swiftly.

Posted 2 months ago

Anonymous

Very timely, thorough and helpful advice. Friendly and considerate of the needs of the client

Posted 2 months ago

Anonymous

Very prompt and attention to detail. Thank you for the service

Posted 2 months ago

Chris

Couldn’t be happier with how Redmans successfully handled our seemingly tricky case. By being clear and detailed every step of the way, with the utmost professionalism and courtesy, they made it an informative and eye-opening process, taking the stress out of the situation and ultimately delivered what you would want from such a service. I fully appreciate everything they have done, and if I am ever in need of such services in the future, they will be the first number I contact. Excellent.

Posted 2 months ago

Anonymous

Excellent work delivered with great quality

Posted 2 months ago

Dominic

Chris Hadrill was a great help both in terms of his advice and his expertise. He explained my options to me clearly and concisely enabling me to quickly make the right decision for me in the circumstance. I would not hesitate to recommend Chris or Redmans to friends or colleagues, and would certainly make Redmans my first port of call should I require a similar service in the future.

Posted 2 months ago

Kurt

Redmans gave excellent advice and helped me understand everything in clear concepts. Thank you!

Posted 2 months ago

Anonymous

Resolved my issues

Posted 2 months ago

Keith

Quick fast professional service.

Posted 2 months ago

Michael

"Prompt, efficient and practical advice that resulted in me getting some additional money tax free."

Posted 2 months ago

Anonymous

Patient and thorough advice given to me around my Settlement Agreement

Posted 2 months ago

Anonymous

"Excellent service, getting back to you promptly giving you very good advice."

Posted 2 months ago

Anonymous

I found Chris Hadrill to be an excellent help, he is very knowledgeable and gives good ,concise ,strategic advice .He makes himself readily accessible when you need him.I would personally highly recommend him.

Posted 2 months ago

Christine

Professional, efficient and reliable service provided. I strongly recommend them and I would use this service again.

Posted 2 months ago