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 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

    4.77 Average

    205 Reviews

    Gary P

    All good advice, prompt and efficient

    Posted 1 month ago

    Anonymous

    Excellent advice and customer service.

    Posted 2 months 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 2 months ago

    Fern M

    Very efficient and friendly

    Posted 2 months ago

    Neville S

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

    Posted 2 months 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 2 months ago

    Paul T

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

    Posted 2 months 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 2 months ago

    Rosa B

    Fabulous service all round.

    Posted 2 months 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 2 months ago

    Alkhas K

    Excellent service.

    Posted 2 months 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 3 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 4 months ago

    Anonymous

    Posted 4 months ago

    submit

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

    Posted 4 months ago

    Anonymous

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

    Posted 4 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 4 months ago

    Christina P

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

    Posted 4 months ago

    Anonymous

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

    Posted 4 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 4 months ago

    Sara R

    Very helpful and wonderful advice

    Posted 4 months ago