Miss T Holyoake v DHL Services Ltd: 1304459/2023
JUDGMENT
[1]The Claimant’s claim of sexual harassment pursuant to section 26 Equality Act 2010 fails.[2]The Claimant’s claim against the Respondent is dismissed. Signed by:REASONS
[1]There is no reasonable prospect of the original decision being varied or revoked.[2]The Tribunal panel reached their Judgment based on the evidence adduced by the respective parties. Both the Claimant and the Respondent had the opportunity to cross-examine witnesses.[3]As regards the Claimant’s grievance, the Tribunal panel made the following finding of fact based on the evidence they heard: The grievance outcome delivered to the Claimant was also incorrect and misleading. We accept Ms Lebedevaite’s evidence that the Respondent partially upheld the Claimant’s grievance, i.e. that the messages were deemed in appropriate from a manager to a staff member outside of work and Mr Cheshire was told to stop, but they were not deemed to be sexual harassment. However this is not what was communicated to the Claimant and she was told apparently without any further detail that her grievance was upheld in full and this is confirmed in writing. Case No: 1304459/2023[4]The Tribunal panel went on to find that based on the evidence the test for sexual harassment was not made out and therefore the Claimant’s claim was unsuccessful. However at the end of the oral Judgment the Tribunal drew to the Respondent’s attention that the Tribunal panel were not impressed with the handling of the outcome of the Claimant’s first grievance. The Claimant was not properly informed of the outcome to her grievance and in fact was misled as to the outcome – she was told it was fully upheld when in fact it was partially upheld and very importantly the allegation relating to sexual harassment had not been successful. The Respondent was reminded that it is important that employers take extreme care in properly communicating grievance outcomes to their employees.[5]The Tribunal panel took into account the relevant factors in reaching the Judgment in line with the relevant statutory legislation and the case law. Signed by: