Claimant v B, C, D and E — 2021

The tribunal accepted A's evidence that on 20 June 2019, after a client event at Ascot, C sexually assaulted her in a taxi by placing his hand on her leg, moving it under her dress and touching her vagina. It found that conduct was unwanted conduct of a sexual nature under s.26 EqA 2010 and that, applying s.26(4), it had the effect of violating her dignity and creating an intimidating, hostile, degrading, humiliating or offensive environment. The tribunal also held that the 20 June complaint was part of conduct extending over a period with the later incidents, and alternatively that it would have been just and equitable to extend time.

The tribunal further found that C called A a "cunt" in or around August 2019 and called her a "spotty adolescent" on 23 September 2019. It held that both remarks were unwanted conduct related to sex and that they had the purpose or effect of humiliating and degrading her. In reaching that conclusion, the tribunal accepted A's evidence, rejected the suggestion that the allegations were fabricated, and found the September remark formed part of an ongoing lapse into hostile behaviour after the June incident.

After A told D and E about the assault on 24 September 2019, the tribunal found those disclosures were protected acts. It upheld victimisation in respect of the unreasonable grievance deadlines, repeated correspondence while A was off sick, and the decision to end the employment relationship on 3 October 2019, but it did not uphold the complaints about holding the grievance meeting in A's absence or failing to follow the ACAS Code. On the contractual claim, the tribunal found that A had not resigned on 24 September, that D's letter of 3 October terminated her employment without notice, and that the wrongful dismissal/breach of contract claim succeeded. Remedy was left to a later hearing listed for 4 May 2021.