How To Make Sexual Abuse At Work Claims

Sexual abuse at work claims can arise when employees experience unwanted sexual conduct in the workplace, causing them harm, due to safety measures not being put into place to protect them. Victims of workplace sexual abuse, such as sexual harassment, assault or other forms of violence, could be eligible to claim compensation, either through a civil claim or through the Criminal Injuries Compensation Authority (CICA).

Key Takeaways

  • 40% of women and 18% of men have experienced unwanted sexual behaviour, such as sexual harassment, in the workplace.
  • New protection for employees was brought in in 2024. These were enacted under the Equality Act 2010.
  • You could either make a claim against your employer as a vicariously liable party or through the CICA.
  • You could work with a No Win No Fee solicitor from our panel for your claim.

Get help with sexual abuse at work claims from our advisors.

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How To Make Sexual Abuse At Work Claims

Sexual abuse at work claims may be brought against employers, as a vicariously liable party, if one of their employees suffers harm due to sexual abuse in the workplace, as they did not take reasonable steps to ensure said employee’s safety.

Under the Health and Safety at Work etc. Act 1974, employers have a duty of care to take reasonable steps to ensure the safety and well-being of their employees while they are working. Additionally, the Worker Protection (Amendment of Equality Act 2010) Act 2023 sets out a legal duty for employers to proactively take reasonable steps to prevent sexual harassment.

For example, an employer failed to investigate complaints of sexual harassment made against a shift leader by a specific employee. They also failed to implement any safety measures for said employee, such as not scheduling them with said shift manager. This employee subsequently experienced sexual abuse by their shift leader. The employer may be held liable for harm caused in this case, as they were aware of the potential danger and didn’t take any reasonable steps to protect the employee from harm.

Essentially, to be eligible to make a vicariously liable claim against your employer, you will need to prove:

  • Your employer owed you a duty of care
  • They breached this duty by not implementing reasonable steps to protect your safety
  • This led to you suffering harm after being sexually abused in the workplace

What If My Employer Was Not Liable?

Sexual abuse at work claims may still be made through the CICA if the employer is not held vicariously liable. If the perpetrator was not an employee or if the employer had taken all reasonable steps to prevent employees from being harmed, they may be eligible to seek compensation via the CICA.

The CICA is a government agency that can award compensation to those who have been criminally injured.

CICA claims must meet these eligibility criteria:

  • The person was injured by a violent crime, as defined under Annexe B of the Criminal Injuries Compensation Scheme 2012. This includes sexual assault, assault and arson, for example.
  • The incident took place in England, Wales, Scotland, or another place which is relevant, such as a vessel registered to one of these countries.
  • The victim reported it to the police and cooperated with them.
  • The claim must be started within 2 years of the incident taking place (though there may be certain exceptions).

A solicitor from our panel could help if you are unsure whether your claim for sexual harassment at work should be made against an employer or via the CICA. Contact our advisors today to learn more.

What Compensation Can Be Awarded For Workplace Sexual Abuse?

Compensation could be awarded for workplace sexual abuse based on the severity of harm (physical or psychological) suffered. Civil claims made against employers may be valued using the Judicial College Guidelines (JCG). This document sets out guideline compensation brackets for different forms of harm, based on their level of severity.

The following table takes relevant figures (apart from the first) from the JCG.

HarmSeverityNotesDamages
Multiple injuries + special damages.SevereMultiple forms of harmUp to £500,000+
Sexual and/or physical abuse.A - SevereCases of serious and prolonged abuse as well as a severe or moderately severe psychiatric injury.£109,830 to £183,050
B - Moderately severeCases of serious abuse and/or moderately severe to severe psychiatric injuries.£54,920 to £109,830
C - ModerateThe abuse and psychological reaction are less serious/ severe.£25,100 to £54,920
D - Less severeLower levels of seriousness and psychological effects which are quickly resolved, or mild.£11,870 to £25,100

Next, we look at how compensation claims made via the CICA may be valued.

How Is Compensation Awarded By The CICA?

Compensation awarded by the CICA is calculated by referring to the fixed tariff of injuries set out within the CICA Scheme. This means you would receive the exact amount listed for your criminal injury.

Below, we take examples of CICA payouts from this tariff. However, please be aware that the first figure is the maximum amount the CICA will pay for any type of claim.

InjuryNotesTariff
Multiple severe injuries + special expenses.Multiple, severe injuries and special expenses as well as lost earnings.Up to £500,000
Non-consensual, penile, penetration.Causing serious internal injuries and a severe disabling mental illness.£44,000
Serious internal injury and a moderate disabling mental illness.£33,000
Causing a severe disabling mental illness.£27,000
Causing serious, internal injuries.£22,000
By two or more attackers.£13,500
By a single attacker.£11,000
Sexual assaultCausing severe disabling & permanent mental illness.£27,000
Causing moderate disabling & permanent mental illness.£22,000
Causing serious, internal injuries.£22,000

To learn more about how compensation in sexual abuse at work claims may be calculated for both civil or CICA cases, you can contact our advisors.

Could I Receive Compensation For Any Financial Losses I Suffered Due To Workplace Sexual Abuse?

You could receive compensation for any financial losses you suffered due to workplace sexual abuse when making a vicariously liable party claim against your employer. These losses would be compensated under the heading known as special damages, and could compensate you for:

  • A loss of earnings if you needed to take time off work to recover
  • Medical expenses, such as therapy costs for any psychological harm you suffered
  • Travel expenses to medical appointments
  • Care costs if you needed professional or gratuitous care at home

All of these expenses would need to be proven with evidence, such as invoices and payslips, in order to receive special damages.

Will The CICA Help Compensate For Financial Losses Suffered Due To Sexual Abuse At Work?

The CICA will be able to help compensate for any financial losses suffered due to sexual abuse at work under special expenses. For example, you may be able to claim compensation for:

  • The cost to repair or replace any equipment you relied on as a physical aid that was damaged during the incident
  •  Care costs relating to your bodily functions or food preparation.
  • The costs of any mobility equipment you may need.

You may also be able to claim compensation for any loss of earnings you have expereinced, provided you meet the eligibility requirements.

Get help with a sexual abuse claim by contacting an advisor. They could help answer any questions you may have about claiming compensation.

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What Would Fall Under Sexual Abuse At Work?

Sexual abuse at work can include any non-consensual sexual touching or behaviour in the workplace. Sexual assault, which includes sexual abuse and harassment, is a criminal offence. You may be able to bring a civil claim against your employer if they breached their duty of care to ensure your safety in the workplace.

What counts as sexual abuse or assault at work may include:

  • Unwanted touching, groping, or kissing: against your will.
  • Indecent exposure, where someone exposes themselves sexually.
  • Sexual assault or rape, defined separately as an offence, but falling under the umbrella of work-related sexual assault claims

If an employer failed to prevent sexual abuse within the workplace, you may be able to make a civil claim against them.

Please contact us to learn when sexual abuse at work claims may be made against employers.

How Can I Prove Sexual Abuse In The Workplace

You could prove sexual abuse in the workplace by using evidence showing an employer was responsible for the abuse you suffered. Potential types of evidence may include:

  • Records of any complaints made about the perpetrator.
  • The contact details of any witnesses to the incident.
  • Any CCTV which captured the incident.
  • Photographs of visible injuries.
  • Medical records detailing physical and/or psychological injuries.

One of the sexual assault solicitors on our panel could help you collect these and other forms of evidence. Contact our advisors to learn more.

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How Long Is The Sexual Abuse At Work Claims Time Limit?

Sexual abuse at work claims must be brought within 3 years. This begins on the date of the incident. The failure to file a claim within this time limit could lead to it being time-barred. The time limit is set by the Limitation Act 1980.

Exceptions to the time limit include:

  • Claims involving under-18s. The 3-year limit starts on their 18th birthday.
  • Claims involving those lacking mental capacity. Time limits are paused indefinitely, unless their capacity is regained. In these instances, the 3-year time limit would run from the date of recovery.

Claims involving either of these parties may be brought on their behalf by a litigation friend. To learn more about acting as a litigation friend, you can contact one of our helpful advisors.

Can A Solicitor Help Me Claim For Sexual Abuse At Work?

A solicitor can help you to claim for sexual abuse at work through the CICA or on a civil basis. They could do so by:

  • Preparing your case, collecting evidence and ensuring it is filed on time.
  • Liaising with other parties to a civil claim or with the CICA.
  • Negotiating your compensation settlement
  • Handling all communication and relevant documents on your behalf

They could also help you claim on a No Win No Fee basis. They do this by offering you a Conditional Fee Agreement. This type of agreement means that you do not have to pay for the solicitor’s work prior to the claim starting, while it is underway or if it ends unsuccessfully.

Should the claim succeed, you will pay them a legally limited percentage of your compensation, known as a success fee.

Contact Sexual Abuse Compensation Advice

Please contact Sexual Abuse Compensation Advice to discuss your circumstances and see how one of the solicitors on our panel could help you with claiming compensation:

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More Information

Learn more about how sexual abuse claims solicitors could help you in these guides.

References.

Thank you for reading our guide to sexual abuse at work claims. Please contact us for a free case assessment.