Claimant v Scottscape Group Limited (in Liquidation)

Outcome

Facts

The claimant alleged her line manager N sexually harassed her through repeated sexual comments, showing explicit photos, and coercing her to send sexually explicit WhatsApp messages. The tribunal heard only from the claimant as the respondent was in liquidation and N did not attend. Extensive WhatsApp evidence showed mutually flirtatious and sexually explicit exchanges from August-September 2023. The claimant alleged coercion, but the tribunal found the messages showed consensual interaction. The claimant only raised complaints after N reported her messages to HR and she faced disciplinary action.

Decision

The tribunal dismissed the sexual harassment claim, finding that the conduct was wanted, not unwanted. The WhatsApp messages demonstrated a consensual relationship of a sexual nature between the claimant and N. The tribunal found the claimant's evidence of coercion not credible when read against the tone, content and enthusiasm of the messages. Without unwanted conduct, the statutory definition of harassment under s26 Equality Act 2010 could not be satisfied.

Practical note

Legal authorities cited