Claimant v Respondent — 2023

The tribunal rejected the sex discrimination claim. It held that Y was not an apt comparator because he was not in the same position as the claimant, especially given the claimant's domestic and workplace relationship with V. The tribunal concluded that the disputed conduct and the handling of the grievance and disciplinary process were driven by that relationship rather than by sex, and therefore did not amount to less favourable treatment because of a protected characteristic.

The tribunal upheld the sexual harassment claim in relation to the incident on 6 March 2021. It found that V entered the toilet while the claimant was using it, looked at her, and left. The tribunal accepted the claimant's account, found that V did not deny the allegation when it first arose, and concluded that the conduct was unwanted, humiliating, and conduct of a sexual nature that violated her dignity.

The tribunal rejected the allegation said to have occurred on 14 March 2021 as sexual harassment. Although it found that V approached the toilet door, called through it, and had his hand on the door as the claimant came out, it held that the claimant's complaint on that occasion was focused on being accused of spending too long in the toilet, and that the conduct did not itself amount to harassment of a sexual nature. The tribunal also dismissed the holiday pay / unlawful deduction claim because the claimant did not prove specific unpaid periods, despite its doubts about the respondent's records. Remedy for the successful harassment claim was left to a separate hearing.