Ms Christine McCrorie v Aspect Windows (western) Limited — 2021

Ms McCrorie worked as a Sales Support Assistant in a small sales office where, after the departure of the Sales Director, the tribunal found that standards of behaviour deteriorated and sexualised language, swearing and general misbehaviour became common. It accepted her contemporaneous handwritten notes as authentic and preferred her evidence on the pleaded incidents, finding that she repeatedly complained from June 2018 onwards to Mr Robins and Mr Cooling about bad language, sexual talk and offensive behaviour, and that the complaints were not effectively addressed.

The tribunal upheld the harassment on grounds of sex claim, the victimisation claim and the unfair dismissal claim. It found that the pleaded incidents in January and February 2019 occurred as described, that the conduct amounted to harassment, and that the dismissal was not a genuine redundancy but followed her complaints and grievance. In its reasoning it noted the timing of the redundancy process, the advertising of her role, the limited and changing explanations for the restructure, and the lack of genuine consideration of retaining her or redeploying her. The formal direct sex discrimination complaint was dismissed, and the unlawful deduction from wages claim about bonus payments also failed.

On remedy, the tribunal applied Vento guidance and awarded £30,000 for injury to feelings, £38,460.60 for financial loss, and £6,791.25 interest, then grossed the award up by £11,244.96 to reach a final total of £86,496.81. It held that the recoupment provisions did not apply. The bonus claim failed because the evidence did not establish a contractual entitlement or a proved shortfall, notwithstanding a spreadsheet showing bonus payments of £2,706.23 in 2018.