Mr J Anderson v Rotherham Doncaster and South Humber NHS Foundation Trust Heard by Remote Video Link (CVP) — 2024

The claimant was engaged through an agency as an Assistant Finance Manager and raised concerns through the respondent's Freedom to Speak Up process about workplace conduct, timesheets, confidentiality, working hours and alleged sexual harassment. His assignment was ended on 4 August 2023. The tribunal assumed, without deciding, that the complaints were protected disclosures, but found the decision makers did not know about them before deciding to terminate the assignment and accepted the respondent's performance-related reason for ending it.

On the sex discrimination and harassment allegations, the tribunal found that there was one discussion on 14 June 2023 about the appropriateness of the claimant's clothing, including a reference to the tightness of his trousers. It rejected the allegation that Mrs Sharpe sat with her eyes level with the claimant's groin, and preferred the respondent's account where there were inconsistencies in the claimant's evidence.

The tribunal held that the clothing remark was not a detriment and, in any event, was not because of sex. It also held that although the remark was unwanted, it was not of a sexual nature and did not have the purpose or effect required for sexual harassment. The complaints were dismissed.