In Elworthy v Your-Move.Co.UK Ltd, Elworthy’s (E) role was to give mortgage advice to clients. Sarah Thompson was his line manager. E was a high performer and obtained a great deal of business for his employer. E attended a senior consultant’s reward lunch. He alleged that Ms Thompson said that she would give him a blow job if he banked £180,000 of business, which she categorically denied. Another employee, Mr Barrett said that he heard Ms Thompson make the comment and he said, “Does that count for everyone?” and she replied “No, you’re married”. E made a direct discrimination claim because of his sex, among other claims.

An ET upheld E’s direct discrimination claim. It found that Ms Thompson’s comment left E feeling “a bit uncomfortable” and “not great”, but it did not meet the bar for harassment. However, the effect on him was nevertheless a detriment. It was a highly sexualised comment and the comment was made because of E’s gender. Ms Thompson would not have made an equivalent comment to a woman. Therefore, the comment was less favourable treatment because of sex and the claim for direct sex discrimination succeeded.

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