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A Claimant in the Employment Tribunal has won her case for constructive dismissal, sex discrimination and sexual harassment after her manager told her that she wear a push-up bra to show off her breasts.

Kathryn Broughton submitted a complaint to the Employment Tribunal in 2010 after her manager made a number of  derogatory remarks about her chest, including asking her whether she was wearing a push-up bra. When Ms Broughton failed to reply her manager, Mr Andrew Stephens, stated that she “really should” and that she would get more tips if she did so.

Miss Broughton resigned from her job in June 2010 after Mr Stephens directed a number of derogatory remarks at her. This included the remarks about the bra, comments on her sexual health, and constant comments on her breasts. She said that he was motivated at times by attempts to befriend another staff member at the pub.

The Employment Tribunal found in the Claimant’s favour in her claims for sex discrimination and sexual harassment and awarded her £10,000 in damages. She was further awarded £529 in lost earnings.

If you’ve been subjected to less favourable treatment by your employer (or one of it’s employees) because you’re a woman or unwanted (possibly sexual) comments are being made at work then you should obtain independent legal advice on your position. Such treatment is unlawful and you should not be forced to tolerate it to retain your job.

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