Ms M Usai v G4S Secure Solutions (UK) Limited — 2020

The Tribunal found that the claimant's sexual harassment claim under s.26(2) Equality Act 2010 was well-founded in relation to 21/10/2017. It accepted that a hug had occurred, that the conduct was unwanted, and that Mr Bandel made comments referring to the claimant's national origins and suggesting that women of those origins were used to such behaviour. The Tribunal found the conduct was of a sexual nature and that it was reasonable for it to have the effect of violating the claimant's dignity.

The separate harassment allegation concerning 28/10/2017 was dismissed. The Tribunal recorded that the claimant had led no evidence on the allegation in her witness statement and had not particularised it until cross-examination, so she had not discharged the burden of proof.

The direct discrimination claims based on race and sex concerned several informal and formal appointments to Site Supervisor and Site Manager roles. The Tribunal accepted the respondent's explanations that the appointed candidates had greater or more relevant experience, that some interim appointments reflected client requirements, and that in one recruitment exercise the claimant did not pursue her application. It found that the claimant had not been treated less favourably because of race or sex.