Mr A Robbani, Solicitor Advocate For the v Respondent — 2023

The claimant, Mrs Tamara Chard, worked part-time as an office administrator for Jasper Byrne Limited from 26 May 2021 until she resigned on 5 January 2022. The tribunal heard evidence from the claimant, former employee Mrs Joanne Wray, and several witnesses for the respondent. It preferred the claimant's evidence where there was direct conflict, relying in particular on the contemporaneous resignation letter, later text messages, and Mrs Wray's evidence about similar conduct by Mr Barry Lewis in an earlier period.

The tribunal found proved allegations 1 to 5, namely comments and conduct by Mr Lewis between July 2021 and mid-December 2021 that were held to be unwanted conduct related to sex, with allegations 1, 4 and 5 also found to be of a sexual nature. It applied section 26 EqA and the objective and subjective approach discussed in Reverend Canon Pemberton, together with the statutory requirement that the conduct must have the purpose or effect of violating dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment. On that basis, the tribunal held that each of allegations 1 to 5 amounted to harassment. Allegation 6, about Mr Lewis using the lavatory without closing the door, was only partly established on the facts and was dismissed as harassment because it was not within the claimant's sight and was not conduct related to sex or of a sexual nature.

The tribunal rejected the respondent's out-of-time argument, finding that the conduct formed a continuing course extending from July 2021 to mid-December 2021, so section 123(3)(a) EqA applied. It then dismissed the direct sex discrimination claim: the harassment findings could not also succeed as direct discrimination, and allegation 6 did not establish less favourable treatment compared with an actual or hypothetical male comparator. The claimant was awarded £500 for loss of earnings, £10,000 for injury to feelings, and £1,476.06 interest at 8%, making a total award of £11,976.06. Her costs application was dismissed.