Mrs C Hotham and Miss S Penman v Acre Rigg Social Club Ltd
“if you get your t**s out I will buy drink” – This Tribunal case illustrates why small employers need to do more to prevent sexual harassment at work.
The defendant’s, 60 year old, manager said “no you’re on the sick” – “if you get your t**s out I will buy drink”. In Mrs C Hotham and Miss S Penman v Acre Rigg Social Club the tribunal found the employers comment to have been “made in front of others” and that it “ it was crass, offensive and sexually explicit”
This was not an isolated one-off comment, but one that what appears to have been part of what could be a systemic failure by a small employer to prevent the bullying, harassment and sexual harassment at work of its employees.
Over 4 years or stress and worry for all involved, close to £60,000 in fines, penalties and compensation awards for the employer.
All employers need to ensure they have robust policies and procedures in place, policies and procedures that are understood and adhered to by all. In the event of incident employers need to respond promptly and investigate thoroughly. Concrew Training’s courses on preventing sexual harassment at work help employers get it right
The tribunal held that the following claims succeeded
of the first claimant
- a complaint of ordinary constructive unfair dismissal.
- a complaint of discriminatory constructive dismissal.
- complaint of disability-related harassment limited to the following allegations
- at the end of February 2022 Mr R. falsely accused the first claimant of putting things on social media about her Multiple Sclerosis.
- the respondent failed to address the treatment of the first claimant by Mr R’s family (which occurred on a number of occasions between December 2021 and March 2022) such as walking past and sniggering,
- making comments, being snubbed – all of which worsened after she reported the JP incident.
of the second claimant
- a complaint of discriminatory constructive unfair dismissal.
- a complaint of sexual harassment limited to the following allegations: –
- between late 30 December 2021 and early 31 December 2021 Mr R grabbed the second claimant by the arm and pulled her, shouting at her to get behind the bar and groped the second claimant’s bottom.
- On 15 March 2022 Mr R referred to the second claim’s breasts.
- on numerous occasions the second claimant’s breasts were commented on by Mr
- on the date of Mr R’s sixtieth birthday party, referring to an image on her T-shirt, Mr R said that he wished it was his face on the second claims breasts, not simply a picture of his face
