Calling women ‘birds’ amounts to harassment related to sex

Date: 24/10/2024
Author: Lisa Bradley
Company: EML

A former employee at investment company Whisky 1901 Ltd has been awarded more than £50,000 in compensation after she complained about colleagues making ‘derogatory’ remarks about women.

Ms Chung told the Tribunal that derogatory remarks, including the term ‘birds’, was used by co-workers who also boasted of their sexual conquests, creating an uncomfortable work environment for herself and other female employees. The events took place between August and November 2022, during which time a male colleague also asked if Ms Chung intended to become pregnant and locked her out the company’s office.

The Tribunal heard that Ms Chung was later suspended from work for five months in relation to misconduct allegations and that disciplinary action was taken against her. Ms Chung subsequently resigned and brought complaints in the Employment Tribunal for unlawful sex discrimination, sexual harassment, victimisation and breach of contract.

The Tribunal ruled that these incidents amounted to harassment related to sex, and that the respondent had also been guilty of victimisation in respect of the disciplinary action it had taken against her.

Ms Chung was awarded a total of £51,776.67 which included compensation for her financial losses and £14,000 compensation for injury to her feelings, with an uplift of 20% due to the company’s failure to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures.

On 26 October 2024, the Worker Protection (Amendment of Equality Act 2010) Act 2023 comes into force, requiring all employers to take ‘reasonable’ steps to prevent sexual harassment in the workplace. With that in mind, it’s more important than ever for employers to appropriately address this type of unwanted conduct in their workplaces.

Evolving sexual harassment legislation can be a minefield but our team are on hand to guide you through this complex area. Contact us on 01942 727200 or email enquiries@employeemanagement.co.uk for a no obligation chat.