Mrs Elspeth Desert v Professor Matt Phillips and 2 others — 2023

The claimant brought complaints of harassment related to sex and victimisation arising from her employment with the second respondent NHS trust and her interactions with the first respondent, her line manager. The harassment allegations concerned emails, management decisions, challenges to her role and work, and referrals or complaints made by the first respondent.

The tribunal held that the harassment complaint was not well founded. It found that, although there were allegations involving inappropriate forms of email communication and that the working relationship was poor, the evidence did not persuade it that the conduct was connected with the claimant's sex; it characterised the matter primarily as a clash in management styles.

The victimisation complaint relied on the claimant's equal pay proceedings as a protected act and alleged delay or mishandling of grievance and disciplinary processes. The tribunal found that those responsible for the alleged detriments were not aware of the equal pay claim and, in any event, that the grievance and disciplinary processes relied on were properly carried out.