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Employee ordered to pay £15,000 after claim for sexual harassment is dismissed 

By January 29, 2025Employment
Employee ordered to pay £15,000 after claim for sexual harassment is dismissed Blog

In the recent Tribunal case of Hennell-Whittington v W Metcalfe & Sons, an employee who brought a claim for sexual harassment and sex related discrimination against her employer has been ordered to pay £15,000 in costs, after her claim was dismissed by the Employment Tribunal. 

The Tribunal found that the Claimant had persuaded her boss, Mr Metcalfe, to employ her as his Personal Assistant. Mr Metcalfe had then then “showered” the Claimant with lavish gifts. Employment Judge Jeram ruled that the Claimant had “encouraged” Mr Metcalfe’s affection as part of a “transactional” relationship that allowed her to live a lifestyle she “could not reasonably expect” in any other job. 

Background 

The Claimant met Mr Metcalfe whilst working at a company that Mr Metcalfe’s haulage business was a client of. This began an 18-month period of flirtation, in which the pair exchanged messages, phone calls and arranged meetups, cumulating in Mr Metcalfe creating a 10-hour per week position, employing the Claimant as his PA for £30,000 per annum. 

Over this period, the Claimant told Mr Metcalfe that she was in an unhappy relationship with her then fiancée, but that she couldn’t end the relationship until her daughter had finished her exams. The Tribunal found that this led Mr Metcalfe to believe that there was a “possibility of exploring a romantic relationship in the not-so-distant future”. The Tribunal also found the Claimant knew that “those were his hopes and did nothing to dissuade them”. Both prior to and during the Claimant’s employment with the Respondent, Mr. Metcalfe had made declarations of love to her. 

Mr Metcalfe purchased two cars (a VW Tiguan and a Honda Civic) at the request of the Claimant for her own personal use. The Tribunal also found that the Claimant taught Mr Metcalfe how to transfer money to her, and he subsequently transferred thousands of pounds for Botox, private dental work and clothing.  

When the Claimant informed Mr Metcalfe that her relationship with her fiancée was ending, she also spoke to him about the possibility of him purchasing her partner’s £45,000 share of her house, to which Mr Metcalfe agreed. 

In her role as Mr Metcalfe’s PA, the Claimant was allowed free rein and avoided tasks where she pleased, choosing to work from Mr Metcalfe’s kitchen, rather than the Respondent’s offices that adjoined the house. 

The relationship eventually broke down after the Claimant attended a company party with a new boyfriend. Soon after, Mr Metcalfe terminated the Claimant’s employment on the basis that the relationship between the two had broken down.  

The Claimant then brought a claim for sex discrimination and sexual harassment, claiming that she had been the victim of Mr Metcalfe’s unwanted advances. 

Outcome 

When reaching a decision, the Tribunal first turned to the definition of harassment at s.26 of the Equality act 2010. Namely, that “A person (A) harasses another (B) if A engages in unwanted conduct related to a relevant protected characteristic, and the conduct has the purpose or effect of violating B’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for B.” 

In this case, the Tribunal rejected the Claimant’s proposition that Mr Metcalfe’s advances were “unwanted” and found that she understood that his affection for her was a necessary part of the transactional relationship she had encouraged and worked to her advantage. 

The Claimant ultimately accepted that Mr Metcalfe’s messages reflected his true feelings and that he sent them to her because he liked her. It was not his purpose to harass the Claimant. 

It is rare that the losing party will be ordered to pay costs in the Employment Tribunal. However, here, the Tribunal dismissed the Claimant’s claim and ordered her to pay the Respondents’ costs in the sum of £15,000.  

If you need advice on sexual harassment in the workplace, please get in touch with a member of the Glaisyers ETL Employment team. 

Niamh Howarth

Author Niamh Howarth

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