Sexual harassment victim, aged 19, made to feel it was inevitable

A 19-year-old sales assistant was made to feel it was inevitable that she would be subjected to sexual harassment from a work colleague.

Jennifer Cafferky Solicitor in our employment team, reports on this recent case.

The Employment Tribunal hearing the case was critical of the way management at the company dealt with the incidents.

All names were anonymised so none of the participants were identified.

The tribunal found that Ms D was subjected to unwanted sexual conduct by a colleague, Mr F, while they were working alone together in the warehouse.

The incidents included touching her hand, shoulder, arms, and even pushing against her breasts and back. Another colleague, Ms G, who handled D’s grievance appeal, was found to have patronised and belittled D’s complaint, implying that such harassment was inevitable for women.

Employment Judge Miller stated that Mr F’s actions were an escalating infringement of D’s personal space, motivated by his sexual interest in her.

The tribunal ruled in favour of D, stating that her claims of sexual harassment were successful against both Mr F and the employer.

The judge emphasised that every woman has the right to go about her job and everyday life free from unwanted interference and fear.

Regarding Ms G’s handling of the appeal, Judge Miller found her questioning to be badgering, repetitive, and blame oriented.

He noted that G created an intimidating and degrading environment for D, contributing to the negative effects of the harassment.

G’s comments, which drew a distinction between different forms of unwanted contact, were deemed offensive and a minimisation of D’s complaint.

The judge concluded that G’s views reflected an inherent belief that sexual harassment is an inevitable part of being a woman. He said a crude summary of G’s views would be that “this is what happens to women, get used to it”.

Compensation will be decided at a separate hearing.

If you would like more information about the issues raised in this article or any aspect of employment law please contact Jennifer on 01228 516666 or send her an email.