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

124 Reviews

Brittany

I was very grateful for Redmans to treat my case with respect and discretion. At the time, I was very new to London and it was meaningful to have someone on my side and win the case for me. Without any doubt, I would definitely recommend Redmans Solicitors to anyone who is in need of it.

Posted 6 months ago

Jake L

Chris is very professional and calm. Very attentive and patient, been a positive experience having Chris represent me, and would recommend him.

Posted 8 months ago

Anonymous

Excellent service. It was a pleasure to work with Chris H, who is brilliant at what he does and very efficient. Their Senior Associate Rana T. is also very knowledgeable and resolves any queries speedily and efficiently. My issue could unfortunately not be resolved, but that was due to my employer and not the firm. Redmans however did all they could. I would definitely recommend them.

Posted 8 months ago

Anonymous

Very pleasant and quick to deal with. Mnay thanks.

Posted 8 months ago

Anonymous

Easy to get hold of. Quick.

Posted 8 months ago

Owen J

Very helpful, efficient service.

Posted 8 months ago

Anonymous

I am very lucky that I worked with Mr. Chris Hadrill and he managed my case very progressively with an analytical approach and trustfully. Of course with a very positive result. I strongly recommend Mr. Hadrill to any one seeking for a successful result from a highly qualified solicitor.

Posted 8 months ago

Kulbir S

Amazing, quick friendly service from Chris from the start and Caroline. They made me feel at ease during a difficult time, they understood and advised accordingly and I am really happy with the outcome of my case. Will always advise anyone who needs legal advice to contact Redmans, I’m so glad that I did and can confidently say I don’t think any other firm could have handled my case any better. Well done guys, wish you all the best and please keep doing what your doing, simply the best!

Posted 8 months ago

Mark A

Excellent service - rapid and “to the point” advice given to ensure meeting the target time frame

Posted 8 months ago

Anonymous

Chris Hadrill kept me sane during the negotiations with my employer. He was courteous professional and he cared about doing the best he could for me. I will use Redmans again if ever I need an employment solicitor. Excellent service.

Posted 8 months ago

Muhammad Z

Awesome services. Professionals at their best .

Posted 8 months ago

Anonymous

Thanks for the advice and for negotiating a good outcome. Good to have the support at a very stressful time

Posted 8 months ago

Chloe F

My solicitor at Redmans was very helpful and efficient. Really pleased with the smooth service.

Posted 9 months ago

Anonymous

Chris was absolutely excellent. Clear and concise, offering sound advice.

Posted 9 months ago

Tim O

Experienced and competent advisors

Posted 9 months ago

Rachel A

Quick and expert assistance. I would highly recommend Chris for any of your legal needs.

Posted 9 months ago

Joe S

I was very happy with the service provided by Chris and the team at Redmans Solicitors. I felt very comfortable discussing all matters with Chris and am very grateful for all the help and guidance I was given throughout the whole process. I would definitely recommend Redmans Solicitors to friends and family!

Posted 9 months ago

Anonymous

I had a very good experience working with Chris Hadrill during a difficult and emotional time. This held true from the moment I spoke to him on the phone, to the end of the process. Overall, he was attentive, professional and highly supportive. He provided sound advice and clarity. It was the reviews that led me to Redmans! I was very happy to know they were all true. I highly recommend working with Redmans Solicitors. Thank-you to the entire team!

Posted 9 months ago

Anonymous

Good service

Posted 9 months ago

Anonymous

Excellent professional service. Highly recommend.

Posted 9 months ago

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 9 months ago