Constructive dismissal after sexual harassment: default judgment and compensation
A former employee won a constructive dismissal and sexual harassment claim after their employer failed to respond to the tribunal claim. They were awarded £8,091.66 in compensation.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed by the respondents.
- The claimant resigned in circumstances amounting to constructive dismissal.
- The claimant was subjected to sexual harassment/assault by the respondents.
- No response was filed by the respondents.
- The tribunal awarded compensation for unfair dismissal and harassment.
Timeline
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Judgment issued
Employment Judge Tobin issued a default judgment in favor of the claimant for unfair dismissal and sexual harassment/assault.
The legal issue
The tribunal had to decide whether the employee was constructively dismissed and subjected to sexual harassment/assault, and what compensation should be awarded.
The outcome
The tribunal ruled in favour of the former employee on both claims.
- The employer did not respond to the claim, leading to a default judgment.
- The employee was found to have been constructively dismissed (resigned due to the employer's conduct) and sexually harassed/assaulted.
Compensation breakdown:
- Basic award for unfair dismissal: £1,575.00
- Compensatory award for loss of earnings: £1,516.66
- Injury to feelings award for harassment: £5,000.00
- Total: £8,091.66
Lessons & takeaways
- If you are subjected to sexual harassment at work and feel forced to resign, you may have a claim for constructive dismissal and harassment under the Equality Act.
- Employers who fail to respond to a tribunal claim risk a default judgment, which means the tribunal will decide the case based on the employee's version of events.
- Compensation for injury to feelings in harassment cases can be substantial, reflecting the distress caused by the conduct.
- Keep records of any incidents of harassment and your resignation letter explaining why you felt compelled to leave.
What this case shows in practice
This case highlights how an employer's failure to engage with tribunal proceedings can lead to a swift judgment against them. The former employee resigned after experiencing sexual harassment and assault at work, and the tribunal found that this amounted to constructive dismissal — meaning the employer's conduct forced the employee to leave.
Because the employer, G and H, did not file a response to the claim, the tribunal entered a default judgment. This meant the employee's account of events was accepted without challenge. The tribunal awarded compensation covering the basic award for unfair dismissal, loss of earnings, and £5,000 for injury to feelings.
What the losing side could have done differently
The employer could have avoided this outcome by responding to the claim and defending the allegations. Even if the facts were disputed, engaging with the process would have allowed the employer to present their side and potentially reduce or avoid liability. By failing to respond, they left the tribunal with no choice but to rule against them.
Why the result matters for similar claims
This case serves as a reminder that employers must take allegations of sexual harassment seriously and respond to tribunal claims promptly. For employees, it shows that the tribunal can award damages for both the financial impact of losing a job and the emotional harm caused by harassment. The injury to feelings award here, while not the highest possible, reflects the distress suffered and is a key part of the compensation.
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