Former employee’s claim of harassment won at tribunal

A former employee of Crest Nicholson, a property firm in the UK, has won at tribunal after raising claims of harassment during the Company’s Christmas party, in which a Site Manager had assaulted and subsequently raped the claimant.

The Christmas party had been held on the 28th of November 2019.

At the event, the Site Manager in question had already sexually assaulted another female employee in public view.

The Site Manager also threatened a man with violence when confronted about his behaviour.

Despite this, the Site Manager was not removed from the event.

He was later seen to be paying particular attention to the claimant.

The claimant left with the Site Manager, unaware of any potential risks to her safety, and with no intervention from senior staff despite the earlier events.

The Site Manager began making unwanted sexual advances, before raping the claimant in the hotel room that she had booked with two other female colleagues.

The claimant was left with injuries still visible a week later when she attended a sexual assault referral clinic.

She did not consent.

Furthermore, in her intoxicated state, the claimant lacked the essential capacity to do so.

The rape had been investigated by the police but was dropped after 15 months due to insufficient evidence.

The Company suspended the Site Manager on the 16th of December 2019, before dismissing him the following month.

During this time, the Site Manager had contacted the claimant twice in an effort to keep her quiet.

In the meantime, the claimant was suffering with PTSD, and although she attempted a return to work in January 2020, her mental health was deteriorating, and she was eventually certified as unfit to work due to stress and depression later in the year, before resigning in October 2020.

The employment judge ruled that the Company was liable for the actions of the Site Manager.

Although not during working hours, the party was a Company event held on a normal working day, and they therefore still had a responsibility to their employees.

There was a failure to put suitable safeguards in place, especially considering that there was free alcohol available most of the afternoon.

The judge upheld three counts of harassment, in accordance with section 26 of the Equality Act.

While the Company argued that they couldn’t have foreseen the rape taking place, the Judge said that there was every reason to suspect that the Site Manager’s actions could continue and escalate and they should have done something about his behaviour on realising there was an issue that night.