ETZ 4(WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 6000762/2024 Hearing at Aberdeen on 19, and November 2024 Employment Judge: M A Macleod Tribunal Member: A Atkinson Tribunal Member: P Hammond B Cochrane v Neerock Limited t/a Woodheads — 2025

The claimant brought proceedings on 29 February 2024 complaining of unfair dismissal, sexual harassment and breach of contract, but the tribunal records that the live issue for the hearing was the sexual harassment complaint under section 26(2) of the Equality Act 2010. The claimant had started work on 11 December 2023, was added to the Health & Safety Manufacturing team chat on 13 December 2023, later saw the earlier chat thread on 20 December 2023, and resigned that day before emailing the respondent about being named in sexual content.

The tribunal accepted the evidence of the respondent's witnesses and did not find the claimant to be a credible or reliable witness in several respects. It rejected his suggestion that he had been tricked into signing his contract, and found that the group chat exchange arose from a Secret Santa gift shown in a work chat before the claimant joined the chat. The tribunal found that the comments about the claimant were made because the speakers thought he would not have the context for the earlier exchange, not because they intended to target him.

The tribunal held that the mug image and the accompanying comments were not unwanted conduct of a sexual nature directed at the claimant. It also held that the comments did not have the purpose of violating his dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment, and did not have that effect either. The tribunal considered the claimant's reaction disproportionate and concluded that it was not reasonable for the comments to have had the effect he alleged. The harassment claim was dismissed, the tribunal said it was unnecessary to consider the prevention issue, and no remedy was awarded.