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Claims against individual discriminators and harassers
[ch 6: pages 203-204]A claim under the EA 10 can also be taken against fellow employees 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 an individual harasser or discriminator as well as the employer can be a useful weapon in securing a settlement, especially where a small limited liability employer might have wound up the business to escape liability.