Want to talk to an expert employment law solicitor?

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

In the case of Houlihan v Sainsbury’s Supermarkets Limited & anor ET/2401196/2017, the Employment Tribunal (in a remedy hearing) held that the claimant should be awarded almost £10,000 as compensation for the injury that she suffered to her feelings as a result of the incident of sexual harassment.

The facts in Houlihan v Sainsbury’s Supermarkets Limited & anor

The Employment Tribunal in an earlier liability judgment (which is unavailable) upheld Mrs Houlihan’s claim for sexual harassment on the basis of one incident which occurred in October 2016 as a result of the conduct of an employee of Sainsbury’s, Mr Mandalia.

The Employment Tribunal therefore dealt with the issue of remedy in this judgment.

The decision of the Employment Tribunal (ET)

Injury to feelings

The Employment Tribunal, in determining remedy, awarded Mrs Houlihan £8,400 for injury to her feelings, plus interest of £1,185 (making a total of £9,585) – the Tribunal found that the incident of harassment in October 2016 was not serious enough to put it into the ‘middle’ Vento band but that it was at the upper end of the lower Vento band.

Personal injury & aggravated damages

The Employment Tribunal declined to make an award of personal injury to Mrs Houlihan as it found that there was insufficient evidence that the incident of harassment had caused her condition of Fibromyalgia. It further held that there was no legal basis on which to make an award of aggravated damages.

Loss of earnings

In respect of loss of earnings, the Employment Tribunal held that the reason for Mrs Houlihan’s absence from work was not related to the incident of sexual harassment that she suffered, but the manner in which she had been treated by her employer in the grievance process. The Employment Tribunal had also previously held in the liability hearing that the reason for Mrs Houlihan’s dismissal was not the harassment that she had suffered, but her absence from work.

ACAS Code uplift

The Employment Tribunal held that there was no breach of the ACAS Code that Mrs Houlihan could identify, and therefore no unreasonable behaviour on Sainsbury’s part.

Our solicitors’ views on the case of Houlihan v Sainsbury’s Supermarkets Limited & anor

Chris Hadrill, the partner in the employment department at Redmans, made the following comment on the case: “One of the notable things about this case is that the Tribunal appears to have disapproved of the fact that Mrs Houlihan insisted on Mr Mandalia being dismissed from the company before a fair and thorough investigation was carried out into the allegations that she was making (which may have caused a further unfair dismissal claim from Mr Mandalia). Employees should be aware, further, that it is rare for claims for aggravated damages to succeed.”

The decision of the Employment Tribunal in Houlihan v Sainsbury’s Supermarkets Limited & anor ET/2401196/2017 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