In person (assisted by McKenzie friend – Ms Uwahemu) For the v Ms J Danvers - Counsel — 2021

Ms Ahmed worked for Notting Hill Genesis as a Customer Service Advisor from 6 February 2017 until her employment ended on 1 June 2018 by reason of redundancy. She brought Equality Act claims for harassment under section 26 and victimisation under section 27. The tribunal found that the alleged sexual harassment by Mr Gibbs, including the alleged wink, touching, stroking and close watching, was not proved on the balance of probabilities.

The tribunal also held that the harassment allegations were out of time. It found that the alleged conduct had all ended by the end of January 2018, that the claim form was not presented until July 2018 after ACAS early conciliation, that there was no conduct extending over a period for the purposes of section 123, and that it would not be just and equitable to extend time. The harassment claim was dismissed.

On victimisation, the tribunal accepted that the email sent to Mr Gibbs on 2 November 2017 was a protected act because it referred to touching and discomfort, and it also accepted that the claimant's email of 11 April 2018 and grievance of 26 April 2018 were protected acts. It then considered complaints against Mr Gibbs, Ms Dorsett, Mr Morgan, Mr Woods and Ms Smith. For Mr Gibbs, it accepted some of the complained-of matters occurred, such as discussion of comfort breaks, a return-to-work query, a call from his personal phone and comments about low call volumes, but found these were actions within his role and not because of the protected acts.

The tribunal found that the complaints against Ms Dorsett and Mr Morgan did not show any link to the protected acts, and in several respects were not detriments or were simply reasonable management or redundancy-related steps. It also found no basis for the allegations against Mr Woods and Ms Smith to succeed. The tribunal concluded that all of the claimant's Equality Act claims failed and were dismissed.