An employee who overheard colleagues making sexual remarks was the victim of harassment, a tribunal has ruled. The verdict comes in the case of a car sales executive who complained after repeatedly overhearing comments of a sexual nature, even though the comments were not directed at him.
Key facts
The Claimant was employed in a car dealership in April 2024 but was dismissed 3 weeks later.
The tribunal heard how he was forced to listen to sexual comments and homophobic slurs, and it listened to recorded conversations between colleagues to demonstrate the nature of the language used.
The Claimant was called to a dismissal meeting on 29 April following concerns about his conduct and suitability for the role. It was at this meeting that the Claimant raised his own concerns about sexist, racist, misogynistic and homophobic language used by his colleagues.
Tribunal findings
The Claimant brought a number of claims in the Employment Tribunal. His claims for victimisation and whistleblowing detriment were dismissed but the tribunal upheld several complaints of harassment relating to sex and sexual orientation, concluding that the language used was unwanted, offensive and that some of it had the effect of violating the Claimant’s dignity or creating a hostile/offensive environment for him.
A remedy hearing will follow to decide compensation.
Key lessons for employers
This case is an important reminder how workplace ‘banter’ can amount to harassment, even if comments are overheard and not directed towards a specific employee. In the words of the Tribunal:
‘Whilst the comments were not directed at the Claimant and he was not a participant in the conversation, he was sat there in the hub as part of that sales team. Those involved in the conversations decided to have them in the full knowledge that the Claimant may overhear. That someone who hears it may take offence to it is the risk you take by choosing to have that kind of conversation in open earshot in a workplace.’
Employers have a particular legal duty to take reasonable steps to prevent sexual harassment in the workplace. They must set the standards with appropriate policies that enforce zero tolerance of discrimination or harassment and provide training and awareness for managers and staff so they understand what behaviour is and is not acceptable.
Flexible outsourced support
If you would like help updating your dignity at work policies and procedures, contact us on 01942 727200 or email enquries@employeemanagement.co.uk to see how we can help.
We also have a range of CPD-certified online courses including ‘Preventing Sexual Harassment in the Workplace’ and ‘Bullying & Harassment in the Workplace’, providing interactive, bite-sized management and professional training from as little as £25 per employee, per course. Get in touch to find out more.