Coleman Legal LLP secures settlement for woman diagnosed with PTSD following sexual assault in the workplace

Sexual assault in the workplace claim settled following four years of proceedings

Our client, a young woman in her late teens, came to Diane Treanor at Coleman Legal after being subjected to sexual assault in the workplace by a co-worker. The assault had a serious and lasting psychological impact. She was subsequently diagnosed with post-traumatic stress disorder (PTSD) and developed panic attacks that affected her daily life and her ability to work. She sought legal advice and instructed Coleman Legal to advise on and pursue a civil claim arising from the sexual assault in the workplace.

How we supported our client through the process

Diane Treanor assessed the legal basis of the claim with care and sensitivity. An employer owes a duty to all employees to provide a safe workplace. Where an employee suffers harm as a result of the acts of a co-worker, the employer may be liable in two ways: on the basis of vicarious liability under the Civil Liability Act 1961, where the act is found to have occurred in the course of employment; or on the basis that the employer failed to take reasonable steps to prevent a foreseeable risk of harm to an employee in the workplace. These legal principles are often central to claims involving sexual assault in the workplace.

Time limits for bringing a civil claim against an employer in a case of this nature are governed by the Statute of Limitations 1957 and the Statute of Limitations (Amendment) Acts 1991 and 2000. Where proceedings are brought against an institution or employer, the applicable limitation period is two years from the date of the assault or from the date of knowledge, the point at which the individual had sufficient information to bring a claim. Individuals affected by sexual assault in the workplace should seek legal advice as early as possible to understand how these time limits may apply to their circumstances.

A Consultant Psychiatrist was instructed to carry out a thorough assessment of our client’s psychological condition. The expert report addressed the nature and severity of her PTSD diagnosis, the extent of the panic attacks she had developed, and the prognosis for her recovery. This evidence was central to establishing the impact of the assault on our client’s life and to quantifying the damages claimed.

Proceedings were issued against the employer, and the case was conducted over a period of four years. Diane Treanor ensured that our client was supported throughout the process, which the firm recognises as particularly demanding in cases involving sexual assault in the workplace. The defendant maintained a position of no admission throughout the proceedings.

Outcome and resolution

A confidential settlement was reached without the defendant employer admitting liability, four years after our client first instructed Coleman Legal. The matter was fully resolved. Diane Treanor of Coleman Legal represented our client throughout.