In the case of Miss M B v A Solicitors a legal secretary has successfully won her sexual harassment case against a law firm where the owner was humorously labelled a “sexual predator” by a colleague.
An employment tribunal dismissed the claim that some incidents Miss MB reported at at the firm were merely office banter.
“Flippant or light-hearted comments can constitute harassment just as much as those made aggressively,” the tribunal clarified.
The tribunal was also highly critical of the comments made about Miss MB in the evidence given by staff.
The ruling highlighted how one witness launched a “personal attack on Miss MB with comments about her shocking state of attire on social media, accusing her of flaunting herself and dressing for the office as if she were going to a night out, offensively comparing her to a ‘Love Island reject.’”
The tribunal was troubled by the argument that Miss MB’s choice of dress or social media posts meant she couldn’t possibly be offended or made uncomfortable by Mr. H’s actions.
Their statements were seen as indicative of the workplace environment Miss MB faced, surrounded by staff who had known Mr. H for many years.
The tribunal emphasized that Mr. H’s actions did not need to have a sexual motivation to qualify as sexual harassment.
The tribunal remarked, “It must have been evident to Miss MB that this group had worked together for a long time, were comfortable discussing personal lives in detail, and used language they did not find inappropriate. It is reasonable for the claimant to have not considered it a safe space to express her discomfort.”
“It is too easy for things to be dismissed as ‘banter’ or jokes, but this cannot be right. It is immaterial whether the conduct is acceptable to others or common in the workplace.”
Her grievance was not investigated impartially, with those conducting it being “very protective” of Mr. H and dismissive of her allegations.
The tribunal determined that the conduct met the legal definition of sexual harassment, creating an offensive and arguably intimidating environment.
This provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, we cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.
