A female security officer has been awarded nearly £69,000 after an employment tribunal found she was subjected to a ‘hostile and degrading’ environment and subsequently constructively dismissed.
Whilst working for Mitie Ltd at Southampton General Hospital, the worker was mocked, regularly referred to as ‘mummy’ by younger male colleagues and exposed to misogynistic comments. The tribunal was critical of management’s response, noting that the inappropriate comments were ignored or simply dismissed as ‘humorous banter’, allowing the harassment to persist.
The tribunal found that the Claimant had been subjected to harassment related to sex, age and race, which created an ‘intimidating, hostile, degrading, humiliating or offensive environment’ for her, concluding that the cumulative effect of the harassment and the failure to address this, constituted a fundamental breach of trust and confidence, leaving her with no option but to resign.
This case serves as an important reminder of the blurred boundaries between so-called harmless, friendly banter and inappropriate, offensive conduct in the workplace. When the term ‘banter’ is used to excuse inappropriate remarks or conduct, when workers feel pressurised to tolerate jokes or comments they are uncomfortable with and when management dismiss complaints, it discourages employees from speaking up, allowing a toxic work environment to develop.
Harassment is defined in the Equality Act 2010 as ‘unwanted conduct’ related to a protected characteristic (such as sex, age, race or disability) which has the ‘purpose or effect of violating that person’s dignity or creating for that person an intimidating, hostile, degrading, humiliating or offensive environment’. The motive of the alleged harasser is largely irrelevant. If the conduct is unwanted and has the effect of harassment, the behaviour can be found to be harassment even if the purpose was not to harass or humiliate.
Compensation for harassment is unlimited and includes a sum which recognises the victim’s injury to feelings. Such claims also cause significant reputational damage for the business.
Employers are reminded to be vigilant to eliminate the risk of bullying and harassment in the workplace and provide a safe working environment for all. Reasonable steps for employers to take include:
- Regular training for all managers and employees;
- Clear, robust harassment policies which set out expectations and sanctions;
- Risk assessments tailored to the particular workplace;
- An open workplace culture where employees feel safe to raise complaints.
These steps have become more critical since the new positive duty to prevent sexual harassment in the workplace came into force.
If you require assistance or would like more information about our training packages, please contact us on 0345 646 0406 or complete our online enquiry form and a member of the team will be in touch.