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Claims against individual discriminators and harassers
A claim under the EA 10 can also be taken against work colleagues who have discriminated against or harassed other colleagues:
Miss Gilbank was subjected to a campaign of bullying and harassment by her manager, Ms Miles, and others, after she told Miles she was pregnant. The Court of Appeal said that Miles had knowingly fostered and encouraged the bullying and discrimination, which was targeted and deliberate, and found her, as well as the company to be liable. The Court also upheld an award of £25,000 for injury to Miss Gilbank’s feelings.
Miles v Gilbank [2006] EWCA Civ 543
Bringing a claim against the individual harasser or discriminator as well as the employer can be a useful weapon in securing a settlement, especially in the case of a small employer that might otherwise consider winding up the business and escaping liability.