Cases2201555/2024

Claimant v Mr A Greystoke

18 July 2025Before Employment Judge NicolleLondon Centralin person

Outcome

Partly successful£21,438

Individual claims

Harassment(sex)succeeded

Tribunal found that on 2 October 2023 in a hotel room in Nice, Mr Greystoke touched the claimant's arm and back, told her he found her beautiful and said words to the effect of 'if anyone were to ask if he would fuck me he would'. This constituted unwanted conduct of a sexual nature which had the purpose or effect of violating the claimant's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment. Despite being a one-off incident, the tribunal found it serious given the 53-year age gap and significant power imbalance. The claimant's contemporaneous distressed communications with Ms Suglam and Ms Finch corroborated her account. Tribunal accepted her evidence over Mr Greystoke's denial on balance of probabilities.

Direct Discrimination(sex)failed

Tribunal found that the claimant's dismissal on 6 November 2023 did not constitute less favourable treatment because of sex under s.13 EQA. While there were grounds to infer discrimination shifting the burden of proof, the respondents successfully rebutted this by showing the dismissal was due to genuine (albeit possibly unfair or harsh) performance concerns held by multiple witnesses including Mr Kalhor, Ms Zhou and Ms Milne. It was not Mr Greystoke's sole decision. The relationship continued largely as 'business as normal' after the Nice incident and probation was extended on 10 October 2023.

Facts

Claimant aged 29 was employed as Corporate Projects Executive by financial services firm from June to November 2023. On 2 October 2023 in Nice, France, she accompanied her 83-year-old senior manager Mr Greystoke to meet clients. After dinner, he invited her to his hotel room ostensibly to discuss business. Claimant alleged he touched her arm and back, told her she was beautiful and made explicit sexual comments. She reported this immediately to colleagues Ms Suglam and Ms Finch via messages and FaceTime. Her probation was extended on 10 October but she was dismissed on 6 November allegedly for poor performance, though she was also suffering significant health issues including heavy bleeding requiring hospital admission.

Decision

Tribunal accepted claimant's account of sexual harassment on balance of probabilities over Mr Greystoke's denial, finding her evidence credible and corroborated by contemporaneous messages and witness Ms Suglam. The 53-year age gap, power imbalance and context made the conduct serious harassment. However, the tribunal found dismissal was not discriminatory, accepting respondents' evidence that it was a collective decision based on genuine performance concerns unconnected to the Nice incident. Time extended on just and equitable grounds. Injury to feelings award of £20,000 at upper end of middle Vento band plus interest awarded.

Practical note

Even a single incident can constitute serious sexual harassment where there is a substantial age and power differential, and employers should never invite junior employees to hotel rooms for business discussions after drinking, no matter how innocent the intention.

Award breakdown

Injury to feelings£20,000
Interest£1,438

Vento band: upper_middle

Legal authorities cited

Vento v Chief Constable of West Yorkshire Police [2003] ICR 318Chapman v Simon [1994] IRLR 124CLFIS (UK) Ltd v Reynolds [2015] EWCA Civ 439Tees Esk and Wear Valleys NHS Foundation Trust v Aslam [2020] IRLR 395General Municipal and Boilermakers Union v Henderson [2015] IRLR 451Betsi Cadwaladr University Health Board v Hughes EAT 0179/13Martin v Lancehawk UKEAT 0525/03/2203Mr J Logo v Payone GMBH [2025] EAT 95Shakil v Samsons Limited [2023] EAT 192Southwark London Borough Council v Afolabi [2003] ICR 800Neary v Governing Body of St Albans Girls' School [2010] ICR 473Igen v Wong [2005] ICR 931Nagarajan v London Regional Transport [2000] 1 AC 501Richmond Pharmacology v Dhaliwal [2009] ICR 724Hendricks v Metropolitan Police Commissioner [2003] ICR 530

Statutes

Equality Act 2010 s.13Equality Act 2010 s.39Equality Act 2010 s.123Equality Act 2010 s.124(5)Equality Act 2010 s.119(4)Equality Act 2010 s.136Employment Tribunals (Interest on Awards in Discrimination Cases) Regulations 1996Equality Act 2010 s.26

Case details

Case number
2201555/2024
Decision date
18 July 2025
Hearing type
full merits
Hearing days
4
Classification
contested

Respondent

Sector
legal services
Represented
Yes
Rep type
barrister

Employment details

Role
Corporate Projects Executive
Service
5 months

Claimant representation

Represented
No