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 Simalyte v Kentucky Fried Chicken Ltd (ET/1601209/2017) the Employment Tribunal held that a female employee had been sexually harassed by a colleague after she rejected a colleague’s advances at work.

The facts in Simalyte v Kentucky Fried Chicken Ltd

Ms Simalyte (the ‘Claimant’) was employed by the Kentucky Fried Chicken Ltd (the ‘Respondent’) to work in one of its takeaway food restaurants in Newport between October 2014 and the 29th September 2017. The first two years of her employment were uneventful but in October 2016 her relationship with a work colleague deteriorated from that point onwards. He had professed his feelings for her and had asked her out after work, which she rejected finding offensive as she was already in a steady relationship. He continued to harass the Claimant by following her around, interfering with her work, barging or elbowing her out of the way.  On the 18th August 2017 a dispute between the claimant and her colleague resulted in a physical altercation in the food preparation area of the restaurant. Both participants left the store and did not return to work from that point onwards. The claimant herself was subsequently absent due to ill health. She raised a formal grievance on 15 September 2017 which would have arrived by 19 September 2017 and the latest. The company policy stated a grievance hearing should take place within 10 days of receiving it, therefore 29 September 2017. No acknowledgment was received by the Claimant let alone a date for the hearing so she resigned without notice on 29 September citing the campaign of harassment she had been subjected to and the failure of the Respondent in dealing with her grievance.

The Claimant then presented a claim to the Employment Tribunal (ET) on 11 December 2017 listing a number of allegations. These were that:-

  • She was subject to a course of sexual harassment by her colleague in question between October 2016 and August 2017;
  • She was subject to harassment by her managers through their failure to prevent H’s behaviour in the same period;
  • She was subject to direct discrimination by him on the 18th August 2017.
  • She was subject to direct discrimination by the Respondent’s decision to dismiss her grievance;
  • That the cumulative conduct of H and the claimant’s managers amounted to a repudiatory breach of the implied term of trust and confidence and her resignation was thereby a dismissal and unfair;
  • That the respondent failed to pay her contractual notice pay consequent to her dismissal.
  • The claimant also alleged that the respondent had failed to pay accrued holiday pay, which the respondent had admitted, in the sum of £801.00.

The respondent denied the claims of discrimination, unfair dismissal or the failure to pay notice pay.

The decision of the Employment Tribunal

The ET found that the Claimant’s work colleague had carried out a course of harassment over a period of 10 months.  They also found that the Respondent had not adequately addressed the concerns raised by the Claimant, by failing to comply with its own grievance procedure, by at least acknowledging her grievance.  This had resulted in a repudiatory breach of the implied term of trust and confidence due to the mishandling of the Claimant’s grievance and failure to deal with the campaign of harassment she was subjected to by one of their employees. This was the main reason for the claimant’s resignation and amounted to a dismissal under section 95(1)(c) of the Employment Rights Act 1996.  This amounted to constructive unfair dismissal.

The claimant’s resignation was without notice and the resignation amounted to a dismissal, therefore, the claim for wrongful dismissal in respect of the failure to pay the claimant a sum in respect of notice also succeeded.

The part of her claim arguing direct discrimination was not upheld as her treatment  by management was not held to be materially different to those of a hypothetical male comparator who may have raised a similar complaint. The decision of the manager was not seen in any sense as being influenced by the Claimant’s sex. 

The other part of her claim breach of contract, by the failure to pay accrued holiday pay was also upheld and the Respondent was ordered to pay to the Claimant the net sum of £801.00.

Our lawyers’ views on Simalyte v Kentucky Fried Chicken Ltd

Stephen Norton, a Legal Executive at Redmans, commented on the case: “This case represents another useful lesson in what can happen when an employer  fails to follow through properly on its own internal grievance or disciplinary procedures. In this case the employee did not get the opportunity of due process in having the opportunity to have her allegations heard and adjudicated upon, leaving her no option but to bring a claim to an ET, where most of the main allegations in her claim were upheld.”

The Employment Tribunal decision in Ms S Simalyte v Kentucky Fried Chicken Ltd (ET/1601209/2017) can be found here.


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).

Tagged with →  

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 first name (required)

Your last name (required)

Your email (required)

Your telephone number (required)

Brief details of your enquiry

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


4.76 Average

204 Reviews


Excellent advice and customer service.

Posted 3 weeks ago

Aneet G

I would definitely recommend Redmans. Very impressed with service provided. They were extremely proactive in handling my case which made things easier for me. Provided sound advice and resolution. Special credit for this goes to Chris who dealt with my case with great determination and consideration.

Posted 4 weeks ago

Fern M

Very efficient and friendly

Posted 4 weeks ago

Neville S

A professional and friendly service, which I would highly recommend.

Posted 4 weeks ago

Daniel T

Extremely helpful and made a bad situation much more manageable. Where other solicitors seemed disinterested in my situation Redmans immediately made me feel like it was a team effort to achieve a more favourable outcome

Posted 1 month ago

Paul T

Excellent, quick and informative. Chris was a real star and gave me confidence during the uncertainty if a redundancy settlement.

Posted 1 month ago

Marina E

Felt in very capable hands was listened to and given excellent advice. Would not hesitate to recomend and use again if needed.

Posted 1 month ago

Rosa B

Fabulous service all round.

Posted 1 month ago


Redmans were quick to respond to my enquiry and dealt with my case professionally and personably. I received sound advice and was put at ease by Chris Hadrill, Partner.

Posted 1 month ago

Alkhas K

Excellent service.

Posted 1 month ago

Mathias G

Contacted them regarding my end of employment agreement. Chris Hadrill dealt with it and was done and handed back to employer same day more than happy with there service.

Posted 2 months ago

Mark W

Most professional from start to finish offering very a personal service. Most impressive and quick when dealing with the matters in hand.

Posted 3 months ago


Posted 3 months ago


I am very glad I came across Redmans Solicitors. Fantastic service!

Posted 3 months ago


Fantastic communication, always happy to answer queries, highly recommended.

Posted 3 months ago

Wavenie B

They were very straight to the point, friendly and understanding people. I felt they had my best interest. They were easy to get hold of, replies were almost instant. 5/5 for customer service

Posted 3 months ago

Christina P

Caroline was fantastic to work with - extremely knowledgeable, supportive, thorough and honest. I definitely recommend Redmans!

Posted 3 months ago


Very well done and fast support. Professional and reliable. Highly recommended!

Posted 3 months ago

Helene L

They were very knowledgable in the respected area in terms of change in law/regulations that is crucial for the clients who are seeking for legal arvice.

Posted 3 months ago

Sara R

Very helpful and wonderful advice

Posted 3 months ago

Marie D

very good service all digitalised

Posted 3 months ago