Want to talk to an expert employment law solicitor?

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

In the case of Ms S Alrajjal v Media 10 Ltd ET/3200154/2016, the Employment Tribunal held that a female employee was victimised when she was dismissed because she had complained of sexual harassment, with the Employment Tribunal awarding her over £11,000 in compensation.

The facts in Alrajjal v Media 10 Ltd

Ms Alrajjal commenced employment with Media 10 Limited (“Media 10”) in its sales team in 2015. The first three months of her employment was was a probation period – there was no written probation policy but Ms Alrajjal expected the probation period to be fair and balanced, based upon the comparative performance of the other team members.

During the course of Ms Alrajjal’s employment she was asked by her line manager, Mr Nicholson, to “wear a low cut top” in order to improve her sales performance.

On 5 August 2015 Ms Alrajjal made a verbal complaint about Mr Nicholson’s comment and senior management were made aware of the complaint. It appeared that she also meant to submit a written grievance but this was not followed up by her. Despite Ms Alrajjal submitting a complaint a grievance process was not commenced by Media 10; on 7 August 2015 Ms Alrajjal withdrew her grievance.

Ms Alrajjal’s probation performance review was delayed and she was then dismissed on 1 October 2015 on the basis of poor performance and alleged poor timekeeping. Along with Ms Alrajjal two other allegedly underperforming team members were also assessed – one male colleague, Johann, was moved to an easier sales role and the other, Seb, was dismissed. Based on the figures available Ms Alrajjal was the best-performing member of the team in terms of sales achieved but she was still dismissed.

Ms Alrajjal subsequently made various claims in the Employment Tribunal for direct sex discrimination, victimisation, and sexual harassment. Among other things, Ms Alrajjal argued that she had been dismissed because she had complained of sexual harassment.

The decision of the Employment Tribunal (ET)

The Employment Tribunal upheld Ms Alrajjal’s complaints of direct sex discrimination, sexual harassment, and victimisation.

Sexual harassment

The Employment Tribunal held that Mr Nicholson’s comment regarding wearing a low-cut top constituted sexual harassment – it was unwanted conduct of a sexual nature which had the purpose or effect of violating Ms Alrajjal’s dignity or creating an offensive working environment for her.

Direct sex discrimination

The Employment Tribunal held that Mr Nicholson’s comment regarding wearing a low-cut top also constituted direct sex discrimination – a male colleague would not have been subjected to such conduct.

Victimisation

The Employment Tribunal held that the reason for Ms Alrajjal’s dismissal was the fact that she had submitted a complaint of sexual harassment. The Tribunal criticized the lack of a written and transparent dismissal process, and found that there was not objective evidence that Ms Alrajjal had been late to work; equally, it found that other male team members who were not performing as well as Ms Alrajjal were not dismissed.

Remedy

The Employment Tribunal awarded Ms Alrajjal £11,504.09 in compensation, comprised of:

  • Loss of earnings: £5,004.09
  • Injury to feelings: £6,500
  • ACAS uplift: £500.40

Our solicitors’ views on the case of in Alrajjal v Media 10 Ltd

Chris Hadrill, the partner in the employment department at Redmans, made the following comment on the case: “A key factor in the Employment Tribunal’s findings in this case was the fact that the employer lacked a clear, documented and transparent dismissal process, despite the fact that it employed over 250 employees. Employers should implement such processes in order to reduce the potential liability in any claims that are brought against them”.

The decision of the Employment Tribunal in Ms S Alrajjal v Media 10 Ltd: 3200154/2016 can be found here.

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