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 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

Testimonials

4.76 Average

204 Reviews

Anonymous

Excellent advice and customer service.

Posted 4 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 1 month ago

Fern M

Very efficient and friendly

Posted 1 month ago

Neville S

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

Posted 1 month 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

Anonymous

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

Anonymous

Posted 3 months ago

submit

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

Posted 3 months ago

Anonymous

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

Anonymous

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