in person For the v Respondent — 2019

The tribunal found that the claimant was constructively dismissed and wrongfully dismissed. It held that the respondent’s handling of her complaints, especially the response to her grievance letter of 16 May 2017 and the failure to investigate her complaints about Mr Long in July 2017, amounted to a repudiatory breach of the implied term of mutual trust and confidence. Applying authorities including Western Excavating, Malik, Buckland, Claridge, Cockram, Kaur and Omilaju, the tribunal concluded that the claimant resigned in response to that breach and had not affirmed the contract.

The tribunal also upheld the claimant’s sexual harassment complaint under s.26(2) EqA in respect of the HR Manager’s conduct on 3 September 2016. It accepted that the claimant had raised the matter orally and in writing, found that the alleged conduct occurred broadly as described, and held that it was unwanted conduct of a sexual nature that had the purpose or effect of violating her dignity and/or creating an intimidating, hostile, degrading, humiliating or offensive environment. Although the complaint was presented more than three months late, the tribunal extended time on a just and equitable basis because management had been alerted to the allegation and should have investigated it.

The sex-related harassment and direct sex discrimination complaints failed. The tribunal found that the later alleged incidents involving Mr Long on 15 May, 5 June and 3 July 2017 were not proved as alleged, and that the claimant had not established less favourable treatment because of sex or conduct related to sex. It also rejected the allegation that the complaint-handling failures amounted to harassment related to sex under s.26(1) EqA.

The unlawful deduction from wages claim was dismissed for lack of evidence. The tribunal recorded that remedy would be dealt with at a later hearing, so this liability judgment did not determine any monetary award.