Claimant v JGQC Solicitors Limited

Outcome

Facts

Miss Bratt worked as a legal secretary for JGQC Solicitors for just seven weeks from January to February 2022. She resigned alleging sexual harassment by Marcus Hall, a senior partner and owner. The allegations included: Mr Hall sending her an inappropriate text message late at night which he later lied about; discussing his ex-partner's infidelity including reference to finding a used condom; commenting on her appearance and asking 'am I allowed to say that'; showing her Facebook dating site images of women in lingerie and a suggestive video of his girlfriend; discussing his personal relationships in detail; and using sexual expletives during a phone call. The claimant initially tried to remain professional but became increasingly distressed, as evidenced by contemporaneous WhatsApp messages to her boyfriend. She called in sick and resigned. The respondent's investigation into her grievance included inappropriate personal attacks on her appearance and dress, with colleagues describing her as looking like a 'Love Island reject' and suggesting she couldn't be offended given how she dressed.

Decision

The tribunal found the claim of sexual harassment succeeded. Applying s.26(2) of the Equality Act 2010, the tribunal found multiple instances of unwanted conduct of a sexual nature that, considered cumulatively, had the effect of creating an offensive environment for the claimant. The tribunal was satisfied both the subjective test (the claimant genuinely felt uncomfortable and offended) and the objective test (it was reasonable for the conduct to have that effect) were met. The tribunal gave particular weight to the claimant's junior position, short tenure, contemporaneous evidence of distress, and the respondent's wholly inappropriate grievance investigation which revealed a workplace culture that dismissed serious concerns as 'banter' and blamed the victim's appearance rather than addressing the conduct complained of.

Practical note

Legal authorities cited