Robustly defending a regional firm of surveyors against baseless sexual harassment and sex discrimination claims

This long-standing client, a regional firm of surveyors, received an employment tribunal claim by a recently dismissed ex-employee, alleging that she had been subject to sex discrimination and sexual harassment.

Once a careful appraisal of the facts had been carried out, we advised that the claims lacked any merit. Accordingly, a robust response, including a request for further and better particulars of claim and a costs warning letter, quickly demonstrated to the claimant that the client would defend the claims in full and would not be amenable to writing her a cheque to make the claim go away. The claimant was speedily deterred from pursuing her claims any further and subsequently withdrew her claims entirely.

This is the type of claim, being one that always had low prospects of success, that our employer clients have seen an increase following the abolition of tribunal fees in July 2017.

Whilst it is sometimes tempting for employers to pay off such claims, this would have been the wrong message to existing employees. Our support gave the client reassurance that it was the right decision to make a stand on this matter.