Claimant v Hertfordshire Community NHS Trust

The tribunal found that the incident on 29 March 2022 did not occur as alleged. The claimant failed to refer to it in her formal complaint and did not describe it coherently. Even if it had occurred, it was not related to sex and was not conduct of a sexual nature, occurring in the context of a discussion about timesheets. The claim was also out of time.

The tribunal found that the incident in April/May 2022 did not occur as alleged. The claimant was unable to identify the exact date, and it was implausible she would not have complained at the time if the alleged conduct had occurred. The claimant failed to establish the incident took place. The claim was also out of time.

The tribunal accepted that on 17 January 2023, Helen Richards placed her hands on the claimant's shoulders and touched her forehead to the claimant's forehead. However, the tribunal found this was not related to sex or conduct of a sexual nature. The motivation was that Helen Richards was pleased to see the claimant on a busy shift. Although unwanted, it was not reasonable for the conduct to have the effect alleged. The gesture was a short-lived event which cannot reasonably have been expected to cause offence in a caring profession such as nursing.