Employee unfairly dismissed over alleged sexual remarks awarded £60k

A mental health practitioner who was unfairly dismissed over alleged sexual remarks has been awarded £60,000 compensation.

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

The Employment Tribunal ruled that the investigation carried out by the employer had not been reasonable.

The case involved Mr G, who was an experienced professional with 23 years unblemished service with City of York Council.

A colleague made a formal complaint, accusing him of making inappropriate comments and remarks involving sexual innuendo.

The council suspended him pending an investigation. Following a disciplinary hearing, it then dismissed him for gross misconduct after upholding the allegations about unwanted sexual comments.

The Employment Tribunal upheld his claim of unfair dismissal.

It held that the council’s investigation had been inadequate. It had accepted the allegations about innuendos and inappropriate jokes without properly investigating them and providing evidence.

Employment Judge Shepherd said: “The investigation was not reasonable. The statements about innuendos and sexist remarks were lacking in specificity and largely generic.

“There were no follow-up questions to ask what innuendo or unwelcome jokes or comments had actually been made and in what circumstances they had been made.”

The £60,000 compensation was made up of £9,479 for wrongful dismissal; £16,8442 for unfair dismissal; and a compensatory award of £34,326.

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 click here to send her an email.