In the case of Ms L A Crabtree v 1. Marc Bandemer, 2. Integer Wealth Global Ltd, 3. Critical Mass Technologies Ltd 4. Integer Wealth Capital Ltd a senior female executive at an investment firm has won a sexual harassment claim after her ‘infatuated’ male married boss called her a ‘naughty girl’ and suggested buying a ‘love nest’ for them in Cyprus.
Marc Bandemer, 59, made repeated advances towards Louise Crabtree, 49, throughout the course of 2021 and 2022, when he sent her adoring messages, referring to her as his ‘second wife’, and the ‘Belle of the Ball’.
His ‘excessive attempt to engage in a romantic relationship’ included complimenting her ‘fashion model’ looks, as well as her ‘gorgeous feet’ and ‘candy toes’, an employment tribunal heard.
The company chairman often referred to Ms Crabtree as ‘girl’, ‘honey’ and ‘naughty’ and suggestively messaged her to tell her he had left his bedroom door open while away on a work trip together.
As the pair grew increasingly close, Mr Bandemer began referring to her and her three children as his ‘adopted family’ – something that was strictly rejected after he kissed Ms Crabtree on the cheek in front of her daughter who ‘flipped out’.
The tribunal found Ms Bandemer was in a ‘subordinate’ position but ‘required’ an income as a single mother and didn’t want to ‘damage her employment prospects’.
An employment judge ruled the use of the words ‘girl’ and ‘naughty’, in particular, were discriminatory as the boss would have never said them to a male member of staff.
Her failure to ‘strenuously object’ to comments she disliked did not necessarily mean that she ‘welcomed them or that they were wanted’, the panel said.
Upholding her claims of sex discrimination and harassment, employment judge James Dawson said: ‘We are satisfied, on the balance of probabilities, that the behaviour of [Mr Bandemer] was inextricably linked to the fact that [Ms Crabtree] was a woman.
‘Not only because the behaviour reflects the fact he was a heterosexual man who was romantically attracted to her but also because of the gender specific language used on a large number of occasions such as ‘girl’, ‘honey’ ‘wife’ and ‘naughty’.
‘We have included the word naughty because, in its context, we do not think that [Mr Bandemer] would have written in a similar way to a man.
‘We also think, on the balance of probabilities, that the respondent would not have described a man as beautiful and, for instance, sent him a vase saying that the flowers in the vase would never surpass his beauty.’
A future hearing will take place to decide her compensation.
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