Sexual Harassment

Employers must recognise these broad circumstances and the recent Employment Tribunal case of Merriman v Bugibba Independent illustrates this well.

In this case, the Claimant, a doughnut decorator, alleged that a male colleague gave her a bear hug and touched her bottom at work. Following her complaint about this incident, the colleague retaliated by making derogatory remarks, calling her a "pot washer" and swearing at her. The employer sided with the male colleague and ultimately dismissed the Claimant.

The tribunal found that the Claimant had been sexually harassed. The bear hug incident was deemed unwanted conduct of a sexual nature that violated the Claimant’s dignity or created an intimidating, hostile, degrading, humiliating, or offensive environment for her. Furthermore, the colleague's retaliatory actions after she rejected his advances were also considered sexual harassment.

As a result, the Claimant was awarded over £30,000 in compensation.

This case serves as a crucial reminder for employers to be vigilant and proactive in addressing all forms of sexual harassment, ensuring a safe and respectful workplace for everyone. Employers also need to keep an eye on the expansion of the employer duties in this area under the Worker Protection (amendment to the Equality Act 2010) that will be in force from October and creates a statutory duty to prevent the harassment of employees: Worker Protection (Amendment of Equality Act 2010) Act 2023 (legislation.gov.uk)
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