In the case of Ms A A v Avon Fire And Rescue Service a female firefighter has won a sex discrimination case after her managers made repeated derogatory comments to her.
Ms AA, who qualified as a firefighter in January 2020, was subject to a ‘longstanding campaign’ of offensive comments by bosses which got so bad she eventually quit, an employment tribunal heard.
Ms AA was ‘belittled’ and targeted by Crew Manager Mr DD and Watch Manager Mr SB, it was found.
Their actions created an ‘openly sexist and discriminatory workplace environment’ at Avon Fire and Rescue Service, it was found.
Now Ms AA, who is gay, has won claims of sex discrimination and constructive dismissal as well as numerous claims of sex harassment, victimisation and harassment on the grounds of sexual orientation.
Avon Fire and Rescue admitted to ‘persistent sexual derogatory and offensive comments’ towards or about women – which created an ‘openly and over sexist and discriminatory workplace environment’, it was heard.
It also admitted male colleagues ‘openly and frequently made openly sexist comments with managers joining in and even starting the banter’.
In May 2021, CM D told colleagues he and Ms AA had watched porn together, had a ‘bonding moment’ and so were at ‘next level’ whilst moving ‘uncomfortably close’ by putting his arm around her – inferring an intimate relationship.
The Bristol tribunal ruled this was ‘clearly sexual harassment’.
It was heard bosses were heard discussing a female firefighter and said, ‘yeah she’s been in the gym, she should have been in the kitchen working up a sweat instead’ – which the tribunal found ‘simply reflects straightforwardly [the] sexist assumption that a woman’s place was in the kitchen’.
On July 17, 2021, in what was admitted as victimisation, CM D acted aggressively towards Ms AA, shouting, moving overly close whilst waving his arms close and making her feel ‘physically threatened’.
He then said he was ‘not the worst for being sexist’ and ‘if you don’t want to work in a sexist organisation, you’re in the wrong job’.
The hearing was told bosses also made homophobic comments, as CM D asked her ‘do men not do it for you sexually?’.
Following the incident in July, Ms AA made a complaint to the manager in November, submitting a formal grievance in December.
But no progress was made as her grievance failed to advance and she eventually resigned in April 2022.
Employment Judge Paul Cadney said: ‘[Ms AA] contends she was the subject of a longstanding campaign against her, and the allegations are not separate individual events but necessarily connected and part of a continuing act.
Upholding her claim of constructive dismissal, he added: ‘We are satisfied that dismissal was a discriminatory in so far as all of the fundamental breaches of contract that we have upheld are in and of themselves acts of discrimination.’
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