In the case of Miss T Donlon v Leslie Easton & Co Ltd the Respondent is a family company and operates a number of businesses including a glass and mirror shop, double glazing and conservatory businesses. Leslie Easton, and his son, Justin Easton are both directors of the company.
The Claimant started work as a part-time administrative assistant in April 2014. She reported principally to Leslie Easton. The Claimant says that in June 2017 it was a hot day, and she was wearing knee length shorts that resembled a skirt. A customer remarked that she was lucky to be able to wear shorts to work and Leslie Easton said, “well we keep telling her to take all her clothes off, but she won’t have any of it”.
The company later received an unsigned, anonymous letter apparently from the customer complaining about the incident. The Claimant said in her oral evidence that the next time she was in the office Justin Easton asked to speak to her about this incident, having received the letter from the customer. The Claimant explained to him what happened, and he responded, “Oh well that’s my dad, he’s old school”.
In February 2018 the Claimant started to receive offensive messages from Leslie Easton by WhatsApp. They were sent at all times of the day, including sometimes very late in the evening. Not all of the messages produced were of a sexual nature, but all were offensive in some way. They were extremely distasteful, crude and many were shockingly racist.
The Claimant said in her witness statement that she asked Leslie Easton to stop sending these messages to her, but he totally ignored all of her requests.
The Claimant says that on an occasion in 2019 she was in Leslie Easton’s office, without anyone else present, and a pen was dropped on the floor. When she bent down to pick it up Leslie Easton said “ooh, while you’re down there, love”, insinuating that she should perform a sexual act. She said she felt humiliated, embarrassed and intimidated.
The tribunal ruled these messages and the comments made by Mr Easton constituted sexual harassment. Judge Ferguson added: “We accept that they had the effect, even if not the purpose, of violating [Miss Donlon’s] dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for her.
“These were extremely offensive messages sent by the owner and director of the company to a junior employee. The WhatsApp messages were very persistent and relatively serious in the spectrum of material of a sexual nature. Some of the pornographic images were disturbing.”
She also won a claim of victimisation, after Mr Easton sent her a “veiled threat” by text. In total she was awarded compensation for injury to feelings in the sum of £15,000 plus interest of £4,000.
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