Oscar Davies of Garden Court Chambers was instructed by the employee claimant under the Public Access Scheme.
Oscar Davies of Garden Court Chambers has secured a £30,000 settlement for a former employee following multiple incidents of workplace sexual harassment and victimisation by senior colleagues at a national media sales company. The case is one of the first to apply the new duty on employers under the Worker Protection (Amendment of Equality Act 2010) Act 2023, which came into force on 26 October 2024.
Oscar drafted the claim form and Grounds of Claim, and negotiated the settlement in without prejudice correspondence.
Background
The claimant, a young woman of colour, faced serious sexual misconduct including unwanted physical contact, sexually explicit propositions, and racially fetishistic remarks during work-related events. Despite making internal complaints, she was met with retaliation. She was excluded from projects, falsely accused of substance misuse, and ultimately forced out of her role.
Legal framework and £30,000 settlement
The claim was brought under the Equality Act 2010, including sexual harassment (section 26), victimisation (section 27), and breach of the employer’s new preventative duty under section 40A. That duty, introduced by the 2023 Act, requires employers to take reasonable steps to prevent sexual harassment. The £30,000 settlement includes compensation for injury to feelings, reputational damage, and an uplift due to the employer’s failure to meet this duty.
Oscar Davies, who represented the claimant, said:
“This case sends a strong message. The law expects prevention, not damage control. If reasonable steps are not taken, there will be financial consequences.”
From reasonable to all reasonable steps: a new standard
While the current duty requires employers to take reasonable steps, the forthcoming Employment Rights Bill, expected to come into force later in 2025, will go further. It will require employers to take all reasonable steps to prevent sexual harassment, raising the standard and increasing the legal risk for organisations that fail to act proactively.
This change reflects a growing consensus in law and policy that workplace safety must be embedded in culture, not just compliance.
A turning point for employer accountability
Oscar states:
“This case highlights the increasing legal, financial, and reputational risks for employers who fail to create safe and inclusive environments. It also signals a shift in legal culture from passive tolerance to active prevention of harm.”
