Furniture company Starplan has lost a tribunal case for sexual harassment, victimisation, and unfair dismissal.
Shirley Lyons, a former designer at the business, was awarded £18,857 in compensation after she was forced to resign due to sexual harassment at the work Christmas party.
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The incident of sexual harassment happened at the work Christmas party. Lyon was hugged from behind by a colleague without her consent and comments were made about her breasts. The harasser also suggested they might have an affair and touched her bottom.
Lyons then complained about the incident but was met with victimisation by three of her colleagues. She said she was forced to resign after her employer did nothing to protect her.
In the tribunal, her claim for unfair dismissal was justified. Her complaints of sexual harassment and victimisation were partially upheld. However, lesser claims were not upheld.
The incident itself happened on 16 December 2017. It was at Starplan’s Christmas party in their Portadown showroom. Lyons was the only female employee at the party.
After the incident, she filed a complaint of grievance. It was investigated by her line manager but some of her allegations were dismissed. She then appealed.
She also raised allegations of victimisation against three of her colleagues who ignored her, threatened her and intimidated her with abusive language and behaviour.
Lyons then resigned a month later as she no longer felt like she could remain at the business.
To avoid liability employers must take sufficient steps to reduce unacceptable behaviour from employees.
In this case, the tribunal found that the business had no standards or guidelines in place for acceptable behaviour. Or standards on the consumption of alcohol by attendees of the party.
Without standards and guidelines on what behaviour is appropriate at work social events, it will be hard to convince a tribunal that an employer took reasonable steps to keep their employees safe.
The government outlined their intention for a statutory code of practice for employers in 2021. This was after a consultation on sexual harassment in the workplace.
This new code would define the steps employers need to take to prevent and deal with sexual harassment in a workplace setting. It would make employers legally liable for harassment from not only colleagues but by third parties, such as customers and clients.
Employers Direct offers FREE HR Advice to businesses of all sizes, within any industry in the UK. Our qualified HR advisors are here to offer your business confidential, in-depth, actionable advice on any HR query or issue you may face.
Sexual harassment is something employers need to take seriously. You do not want to risk the safety of your employees or find yourself being taken to an employment tribunal.
Just like in the Starplan and Lyons case, you could end up paying a hefty sum of compensation leaving your business at risk.
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Employers Direct offers FREE HR Advice to businesses of all sizes, within any industry in the UK. Our qualified HR advisors are here to offer your business confidential, in-depth, actionable advice on any HR query or issue you may face.
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Sexual harassment at work is when a person engages in unwanted conduct of a sexual nature in a workplace setting.
An unfair dismissal is when an employer makes an employee leave their job without a legitimate reason or without warning unless it’s for gross misconduct.
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