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Jo C.
Jo C., Barrister
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Experience:  Over 5 years in practice
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A co-worker has lodged an ET1 claiming inequality and sexual

Customer Question

A co-worker has lodged an ET1 claiming inequality and sexual harrassment, both against the company and an individual within the company. Does / can the individual defend the claim independently of the company? And if the claim is found in in favour of the claimant, how liable is the individual in terms of any monies awarded?

Thank you
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today.
Before proceeding please note that as I am a practising solicitor, I am often in and out of meetings, travelling between clients or even at court when I pick your question up. This may even occur at weekends. Therefore, I apologise in advance but there may be a delay in getting back to you and providing my advice. Please be patient and I will respond as soon as I can. You do not have to wait here and you will receive an email when I have responded. For now please let me know how long you have worked there.

JACUSTOMER-bh12ubgk- : 7 years. Also to clarify its a direct report who has raised the claim. Thanks
Ben Jones :

Thank you for your patience. A discrimination claim can be made both against the employer, as a company, and against an individual, who could be an employee of the company. Both will be severally liable and if the claimant is successful then the tribunal can apportion the blame between the two respondents, depending on how guilty they believe each party is. Each respondent will need to defend themselves separately although it is common practice for the employer to assist the individual co-respondent if they are their employee and especially if they believe that they are innocent and that the claim is spurious or malicious.

Ben Jones :

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