Miss A Tubby v Hills Park Veterinary Group Ltd. — 2021

The claimant worked as a receptionist from February 2013 until she resigned on 12 April 2021. The tribunal found a continuing state of affairs for limitation purposes, anchored by specific incidents over time: an August 2013 incident in the spare room, sexualised comments and physical contact in July 2019, a late-February 2021 comment about her partner, and the April 2021 incidents. It attached little weight to the absence of formal grievances because the practice was informal, there was no formal HR officer, and complaints were often dealt with informally.

On liability, the tribunal upheld harassment related to sex under section 26(1) for incidents 1.1, 1.2, 1.3 and 1.4(ii), and upheld unwanted conduct of a sexual nature under section 26(2) for incidents 1.1, 1.2, 1.3(i) and 1.3(iii). It found the Second Respondent's comments in July 2019 and late February 2021 were sexual in nature, that Blondie and little one were belittling labels, and that the arm-round contact was unwanted. It dismissed the section 26(1) complaint for 1.4(i) and 1.5(i)-(iii), dismissed the section 26(2) complaint for little one, and dismissed the section 26(3)(c) claim because the April 2021 comments were not caused by rejection of earlier conduct.

The tribunal found the cumulative treatment breached the implied term of trust and confidence and that the claimant resigned in response to the 3 April 2021 remark adopting the client's abusive term and the absence of any apology, rather than because of her partner's illness. It held there was no affirmation despite her attending work on 5 and 8 April, found constructive dismissal, unfair dismissal and wrongful dismissal, and held that the constructive dismissal itself was harassment related to sex and, in the alternative, direct sex discrimination. Remedy was not decided in this judgment; a later remedy hearing was listed.