Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

redmans-blog-analysisCertain details of this case have been anonymised upon request from a third party

In the case of X v Renrod Ltd an Employment Tribunal held that a female employee had been sexually harassed by her line manager, even though the female employee engaged in the culture of ‘sexual banter’.

X was employed as a sales executive at Y, a car dealership from 22 February 2013. In February 2014 X alleged that she had been bullied at work by Mr Snowball, her line manager, and a meeting was held to discuss this. A mediation between Mr Snowball and X was subsequently arranged, with this meeting taking place on 17 February 2014. This meeting appeared to have been successful and X was encouraged to raise any further concerns that she had.

Following the mediation there was a breakdown in the relationship between X and Mr Snowball in 2014, with X alleging that she was being treated harshly by Mr Snowball and that he was continuing to bully her. One altercation between X and Mr Snowball arose over Mr Snowball remonstrating with X over the length of a lunch break she had taken, with X allegedly responding to Mr Snowball that he would be going to prison over alleged criminal conduct on his part.

On 29 September 2016 X raised a formal written grievance, detailing 42 examples of conduct (including sexual harassment) by Mr Snowball that she said had made her life intolerable at Renrod – these included:

  • That Mr Snowball had told her that he had not heard what she had said because he was “thinking about picking [her] up and fucking [her] on the desk;
  • That he was attempting to kiss her;
  • That he was pestering her about her private life; and
  • That he had made a comment that X must be like “a wizard’s sleeve”

A grievance investigation was undertaken by Ms Shocklidge, a colleague of X’s. Mr Snowball denied making the comments alleged and Ms Shocklidge concluded that the specific comments alleged by X had not been made. Ms Shocklidge did, however, conclude that there was a culture of sexual banter in the workplace and that both Mr Snowball and X were willing participants in that banter.

The outcome of the grievance process was that X’s complaints of sexual harassment were not upheld. X appealed against the outcome of her grievance but her appeal was rejected.

A disciplinary procedure was initiated in January 2015 against X on allegations that she had engaged in sexual conduct in he workplace, that she had taken a smoke break without her consent and had threatened her manager, and that she had participated in sexual innuendo and bullied other staff members. This procedure resulted in X being dismissed for gross misconduct on 6 February 2016 on the strength of the allegations that she had engaged in sexual activity on the business’ premises and in a company vehicle; X had, however, already submitted her notice of resignation on 4 February 2015. X appealed the decision to dismiss her for gross misconduct, an appeal meeting was held in her absence on 13 March 2015, and the appeal was dismissed on 10 April 2015.

X brought Employment Tribunal claims for constructive dismissal, direct sex discrimination, sexual harassment, dismissal due to protected disclosure (or ‘whistleblowing’), and breach of contract against Renrod Ltd.

The Employment Tribunal dismissed all of X’s claims except for her claim for sexual harassment, which it upheld – this finding was made based on a text message that X submitted during the Employment Tribunal (but had not made available during the grievance process with her employer) that evidenced that Mr Snowball had made the “fucking on the desk” comment in 2014. The Tribunal came to this conclusion despite a finding that X had participated in and even initiated sexual banter in the workplace, as it found that, given car dealership was a male-dominated industry, it would have been difficult for X not to feel compelled to participate in (and not obviously take offence at) language and conduct which was nevertheless demeaning and insulting.

Chris Hadrill, a specialist employment solicitor at Redmans, commented on the case: “One of the crucial issues in a claim for sexual harassment was whether any alleged sexual harassment was ‘unwanted’ or not – if a respondent can show that an employee who is claiming sexual harassment participated in or initiated sexual conduct in the workplace then this can be damaging to the prospects of success of a claim for sexual harassment. However, what this case shows is that the Tribunal will take into account the context of the industry that the claimant is working in when determining whether sexual conduct was ‘unwanted’ or not.”

About

Redmans Employment Team deal with employment matters for both employers and employees, including drafting employment contracts and policies, advising employers and employees on compromise agreements, handling day-to-day HR issues, advising on restructures, and handling Employment Tribunal cases for both employers and employees Call 020 3397 3603 to speak to one of the members of our employment team or email us on enquiries@redmans.co.uk. Redmans have offices in Richmond, Chiswick, Hammersmith, Fulham, Kingston, Wimbledon, Ealing, Kings Cross and Marylebone (meetings strictly by appointment only).

Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

Share →

Our awards

Request a callback

Your name

Your email

Your telephone number

Contact us

Please feel free to discuss your own position and concerns. Contact your nearest office on:

T: 020 3397 3603
E: enquiries@redmans.co.uk
W: www.redmans.co.uk

Testimonials

4.76 Average

103 Reviews

Rob O

Very prompt response and I could not fault the service. My solicitor listened carefully to the details of my case and I felt very confident in the advice I was offered. All emails and work done on my behalf with my former employer was of the highest standard and Redmans helped take a lot of the stress out of the situation for me.

Posted 2 days ago

Mike H

Very professional, friendly, proactive. I would highly recommend Redmans.

Posted 2 days ago

Anonymous

Fantastic and quick service!

Posted 2 days ago

Anonymous

I was very satisfied with Redmans' service. Clear, sensible advice and the bill was in line with their estimate. I would recommend them.

Posted 2 days ago

Eugene A

Excellent communication and guidance provided on the redundancy settlement process. Process was concluded quickly, very satisfied with service.

Posted 2 days ago

Harold d

Great personlised service and quick communication. Solicitor helps greatly in understanding the options and advising best course of action.

Posted 2 days ago

Trish B

Professional and efficient. A pleasure to deal with.

Posted 3 days ago

Omi H

Excellent communication. A tactical negotiator to get the best package for the client. Highly recommended.

Posted 3 days ago

Nicholas S

Very prompt and efficient. Excellent advice.

Posted 3 days ago

Anonymous

Very helpful and always available to help! It was my first time to deal with any solicitors, but I felt very supported until the end!! Well done!! and great Job!!

Posted 1 week ago

Mohamed F

Excellent and professional solicitors, highly recommended

Posted 1 month ago

Anonymous

Redmans Solicitors provided a professional and prompt service in dealing with my settlement agreement. They used their experience to negotiate a better deal for which I am grateful for. I highly recommend their services.

Posted 1 month ago

Cheryl R

Very efficient and friendly lawyers. I have used Redmans twice now and Chris Hadrill has been amazing to work with. Would highly recommend Redmans.

Posted 1 month ago

Anonymous

I found Redmans Solicitors to be extremely professional, dealing with my questions and concerns quickly and in detail. I would have no hesitation in recommending Redmans Solicitors to anyone.

Posted 1 month ago

Anonymous

I requested Redmans services on a redundancy case. Both Chris and Rana were great, thoughtful, very professional and responded quickly. They were very clear throughout the entire process, regarding the process and my options and I couldn't feel I had better legal advice for my case. Overall excellent service and I would certainly recommend and use their services again.

Posted 1 month ago

Anonymous

Responsive, patient, thorough and personable - an excellent service.

Posted 1 month ago

Anonymous

The team at Redmans, Chris Hadrill and Sacha Barrett were always very helpful and had expert knowledge to assist me during my employment law matter, I would not hesitate to recommend them to all!

Posted 1 month ago

Arun T

Chris was punctual, attentive and accurate. He answered my questions with clarity and avoided dubiosity. I would recommend him to anyone seeking legal advice within his remit.

Posted 1 month ago

Yulian Z

Great service

Posted 1 month ago

Anonymous

Excellent, professional service and a speedy resolution. Many thanks

Posted 1 month ago

Taral P

Sacha and Chris were both very helpful in closing out my matter. Sacha was very clear in helping me understanding the documents I needed reviewing, providing a professional service throughout.

Posted 1 month ago