Victim Of Sexual And Religious Harassment Wins Claim At Employment Tribunal
An employee took a claim of sexual harassment and religious harassment to the Employment Tribunal after resigning from her role at a fast-food restaurant in 2018.
Whilst working for the restaurant, she was made to feel uncomfortable by her assistant manager, whose behaviour had become inappropriate. During their shifts together, he would repeatedly touch her. On one occasion in June 2018, he grabbed her, held her arms in a tight grip and said he would close up early and she could take her clothes off and do a strip show for him.
The following month, the father of the restaurant owner made comments about her religion, equating Wahabism to extremism and terrorism. The employee raised her concerns with management, explaining that she did not feel safe in his presence as he was always making rude remarks, but nothing was done about it.
She resigned from her role in August 2018 following an error in her wages and stated in her resignation that she had been targeted for many months and was the victim of workplace harassment and bullying. She described the fast-food restaurant as a toxic environment.
The Employment Tribunal Judge ruled that the behaviour of the assistant manager amounted to sexual harassment and that the employee was sufficiently discomfited by what had happened. The judge also ruled that the comments made about her religion were religious harassment. She was awarded £23,408.20 in compensation.
What employees need to know about workplace harassment and bullying
Like the employee in the case above, anyone who experiences harassment at work is protected by the Equality Act 2010. This act makes it unlawful to harass or bully someone in the workplace due to a number of protected characteristics, including gender, sexual orientation, religion and belief. Harassment is defined as behaviour or comments that have the purpose or effect of violating someone’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment.
Unfortunately, harassment and bullying in the workplace can be difficult to determine, as behaviour and comments may be interpreted differently by different people. However, it is important to understand that what one person may see as harmless banter can still qualify as harassment. Employees should not have to tolerate any conduct or remarks that make them feel victimised. Regardless of whether the person responsible realises the impact of their actions, employees are still entitled to take action.
If you are experiencing unwanted conduct, whether it involves behaviour of a sexual nature or comments about your religion, the best course of action is to contact an employment law specialist. They can advise you on your options and provide tailored guidance based on your circumstances. If your situation falls under one of the Equality Act categories, they can also help you take a claim to the Employment Tribunal, as was done in the case above.
It is important to be aware that if you intend to make a claim for harassment or bullying, you must do so within three months less one day from the date the behaviour or comments occurred. If the conduct has been ongoing, this time limit will run from the most recent incident.
Speaking to an employment law specialist about workplace harassment
If you are being bullied or harassed at work and need expert advice, please contact Damian McCarthy. Damian is regularly instructed on complex discrimination and harassment claims and will provide you with clear, practical legal advice. With over two decades of experience, you can be confident that you are in safe hands.
When taking a claim to the Employment Tribunal, Damian will represent you fearlessly and develop a strategy focused on achieving the best possible outcome. Unlike other employment lawyers, Damian will not settle your case for convenience. His only concern is protecting your rights and acting in your best interests.
Get in touch today for a free, confidential and no-obligation discussion with Damian McCarthy.
