Sexual Harassment Claims | Civil Court vs Employment Tribunal

Sometimes, cases can be solved in a few different ways, based on the circumstances, as we will see in this example.

In these situations, it's a good idea to consult a legal professional so you can fully understand the best way of proceeding with this. There are many other factors which can help us decide which type of case - whether it's an Employment Tribunal or Civil Court - works best for your situation. 

Our legal team approaches every case with care and sensitivity. Our discussions are a safe and confidential space for our clients, and we always offer unbiased and judgement-free advice. Whatever questions and worries you may have, we're here to answer them honestly. We specialise in sexual harassment cases like the example below, and we can advise our clients as to whether an Employment Tribunal or Civil Court Case. 

The publicised sexual harassment and victimisation claim against former MP, Mike Hill, may pose the question of why such a case would be brought at an Employment Tribunal as opposed to a civil court. So what are the differences between the two?

The case referred to is that of the Employment Tribunal decision in the case of Ms A v Mr M Hill. The Employment Tribunal found that Mr Hill engaged in sexual harassment and victimisation of Ms A over a period of several months, and that Ms A’s ultimate dismissal was contrary to the Equality Act 2010. Ms A was awarded substantial compensation, following a claim that first started almost three years ago.

As a case of workplace sexual harassment and victimisation, the claim was brought through the Employment Tribunal. Alternatively, it may be possible to bring a claim for compensation though the civil courts. 

Such claims work differently to Employment Tribunal claims, and it's important to know the difference between the two so you can understand which is best to proceed with in your particular situation. 

In the case of an Employment Tribunal, there are strict time limits for making sexual harassment and victimisation claims. This will usually be three months less one day from the act of sexual harassment or victimisation, or the last in a series of acts which are linked.

You will also need to complete Early Conciliation with ACAS before starting your claim with the aim of reaching an agreement without the need to go to an Employment Tribunal. Time limits will be paused during Early Conciliation, so you don’t need to worry about this process affecting your claim.

For more information on the above case and bringing a sexual harassment and victimisation at work claim.

With civil claims, if you have been assaulted by an individual then a claim can be brought against them directly through the civil courts. If the individual assaulted you during the course of their employment, then it is possible to bring a claim against their employer.

In order to bring such a claim we would need to show that you sustained physical, psychological or psychiatric harm as a result of the assault.

In the cases of people developing mental health problems due to sexual harassment, for example, a civil claim would be the way to go, as there would be evidence of psychological or psychiatric harm having been done. This evidence can often be from a therapist or mental health professional, one who has worked with or has assessed you.