Want to talk to an expert employment law solicitor?

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

In the case of Miss D Obi v Concentrix CVG Intelligent Contact Ltd (ET/ 2411443/2018) the Employment Tribunal held that sex-related harassment had taken placed after Ms Obi’s manager grabbed her around her waist and sent her a photo of him in his gym shorts.

The facts in Obi v Concentrix CVG Intelligent Contact Ltd

 Miss Obi (The “Claimant”) commenced employment with Concentrix CVG Intelligent Contact Ltd (The “Respondent”) on 2 October 2017.  She was employed as an Agent and was a member of the part-time team, contracted to work for two ten-hour shifts on Saturdays and Sundays. She also undertook additional overtime on those days.

After completing training the Claimant started work as an Agent in early November 2017 under Mr Barton (Trainee Team Leader).  From this point onwards the Claimant argued a number of comments and behaviours towards her amounted to harassment relating to her sex and race. Her claims related to a series of events between early November 2017 and a meeting which she attended on 3 June 2018 – these included comments from Mr Barton addressing her as his favourite, referring to her body and unwanted advice on enhancing it, showing a photograph of him wearing only boxer shorts, comments on wanting to have sex with black girls, grabbing her waist, and grabbing her waist and making inappropriate comments at an office function.    

The Claimant was ultimately dismissed for call avoidance (following a final written warning on this matter). The Claimant accepted that there had been some valid call avoidance issues, and she did not assert in the final disciplinary meeting that any alleged harassment or alleged discrimination were the reason for her dismissal or the reason why the decision to dismiss had been made.   

The Claimant brought claims in the Employment Tribunal for harassment on the grounds of race and/or sex and/or direct discrimination on the grounds of race and/or sex. 

The decision of the Employment Tribunal  

The Employment Tribunal found in favour of the Claimant on the allegations of sexual harassment based on her evidence in three of the incidents.  These included:- 

  • The incident in early November of the photograph of Mr Barton wearing gym shorts (not boxer shorts in the Claimant’s evidence) was found to amount to conduct of a sexual nature; 
  • The subsequent incident in November where Mr Barton held the Claimant’s waist as alleged which was considered unwanted and of a sexual nature. This was seen as conduct having the effect of violating the Claimant’s dignity and creating an offensive environment for her (regardless of the purpose). This amounted to harassment relating to sex; 
  • On the incident on 5 January 2018 (although occurring on 6 January 2018) where Mr Barton grabbed the Claimant’s waist and made inappropriate comments this was found to have the effect of conduct that was degrading, humiliating and offence environment for the Claimant that was unwanted.

The Respondent was found to be vicariously liable for these acts of sex-related harassment as they were undertaken in the course of the relevant employee’s employment.

Section 26 of the Equality Act 2010 applied which deals with the matter of unwanted conduct related to a relevant protected characteristic and which violates a person’s dignity or has the purpose or effect of creating an intimidating, hostile, degrading, humiliating or offensive environment. 

The aspects of the claim relating to unlawful harassment relating to race was not found to be well-founded. The Employment Tribunal held that conduct complained of did not relate to race and therefore was not unlawful harassment related to race as alleged. One of the incidents submitted was submitted outside of the required time limit for bringing a claim, and was therefore not considered by the Employment Tribunal.  

Our solicitors’ comments on Miss D Obi v Concentrix CVG Intelligent Contact Ltd

Stephen Norton, a Legal Executive in the employment team, commented as follows: “The Claimant succeeded with a number of her harassment claims, but this case is also a useful reminder that the failure to submit a claim within the relevant time limit can lead to the Tribunal refusing jurisdiction to consider the complaint. Claimants and Respondents are always well-advised to prepare their cases in good time being aware of the relevant time limit for submitting a claim in particular.”

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

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

    Testimonials

    4.80 Average

    371 Reviews

    Jonathan L

    The service I received was friendly and professional. I appreciated the timely communications and Mel was always available for any questions I had. I'd definitely recommend Redmans and will use them in a heartbeat should the situation arise again.

    Posted 6 days ago

    Glyn B

    Provided a great service, covered all my requirements

    Posted 1 week ago

    Fidel A

    Redmans Solicitors recently helped me navigate a recent employment termination settlement agreement. Chris Hadrill is very professional and you will be in good hands with him. I score Redmans 4 out of 5 because things had to move fast and felt the team member assigned to my case wasn't very responsive at times. Having said that, I was very happy with the outcome and have no hesitation in recommending their services.

    Posted 1 week ago

    Nigel A

    Chris Hadrill is hugely impressive - the right blend of assured calm and savvy professionalism. I've already recommended him to friends and family.

    Posted 1 week ago

    Matt O

    I was hugely impressed with the ease of being able to work with Redmans Solicitors and their professional approach. Mel was really clear around the process, and costings required and I felt comfortable throughout. I would certainly recommend.

    Posted 1 week ago

    Bryan G

    Great response, and also happy to assist

    Posted 1 week ago

    David L

    I was made a settlement offer by my employer to terminate my emplyment early. Redmans helped me understand the offer, and ensured that it was fair for someone in my position. They made a very stressful situation much easier. Excellent service.

    Posted 1 week ago

    Anonymous

    I can highly recommend Redmans. The service was professional and prompt and I would not hesitate to use them again. Thanks

    Posted 2 weeks ago

    Anonymous

    Overall I am satisfied with the performance from Redmans. The reason I have given 4 stars is that I had quite a lot difficulty in contacting the representative which was initially nominated for me. However, when I contacted Chris instead, he was excellent over the phone and secured a great outcome in short order. I would recommend Redmans Solicitors.

    Posted 2 weeks ago

    Anonymous

    Chris and Redmans were a great help. Effective and efficient, quick response from my first enquiry and then straightforward and attentive throughout with ultimately a positive outcome. I will use them again and recommend them.

    Posted 3 weeks ago

    Marie P

    Great service, quick responses, good advice and all in a no nonsense, no jargon manner. Would definitely recommend.

    Posted 3 weeks ago

    Anonymous

    Rana was amazingly thorough and professional!

    Posted 3 weeks ago

    Anonymous

    I am extremely happy with the legal advice I was provided with. My case was resolved to the best of my expectations. Thank you very much for your professional help.

    Posted 3 weeks ago

    Shahzad R

    Chris and his team were excellent. They provided sound advice and consultation that resulted in more cash than was offered. Would definitely recommend.

    Posted 3 weeks ago

    Sanjay B

    I would like to take this opportunity to thank Mel Chin, for all her support during my settlement process. Where she provided a professional service and was understanding. I would confidently recommend Redmans Solicitors to my friends and family. Thank you and wishing you all a Merry Christmas.

    Posted 1 month ago

    Paul O

    Excellent response time and communication during my dealings with Redmans

    Posted 1 month ago

    Gil T

    I don’t normally write reviews, but thought it was time on this occasion. Just wanted to say that I highly recommend Redmans - especially Rana Tandon, who helped me navigate around my employment contract. Rana was meticulous and thorough and all over my needs. Would I use Redmans again ? ..absolutely

    Posted 1 month ago

    Stephanie D

    Very thorough and professional service. I was very nervous about my employment case, as I had never dealt with anything like it before. However, the solicitors who handled my case made sure I understood everything. I was never kept in the dark and Redmans kept me constantly informed about what was going on with my case. I would definitely recommend Redmans Solicitors

    Posted 1 month ago

    Richard S

    Chris and Sacha were great throughout the entire process. Chris was very helpful once the initial discussions with my company began and before we agreed there was a case. Sacha was very responsive, patient and helpful throughout ensuring I felt I had the right information to make the best decision on next steps. A close friend and wife have both used Redmans in the past few years for unfair dismissals and the service continues to be first-class and I would strongly recommend them again. They definitely help reduce the anxiety that comes with uncertainty around new processes and situations. Thank you!

    Posted 1 month ago

    Jianya

    Very nice and patient went through the whole document with me.

    Posted 1 month ago

    Susan L

    Very helpful and led me through the redundancy process.

    Posted 1 month ago