£180,000 Compensation in Sexual Harassment Case

In yet another reminder to employers of their responsibility to stop sexual harassment, a Kent Employment Tribunal has awarded nearly £180,000 to a trainee sales executive at a car showroom, who worked there for only a week before the conduct of a salesman forced her to leave.

Her lawyers - Schona Jolly of Cloisters in London, and Krishna Santra of Davies Lavery in Maidstone - told the Tribunal that the acts of harassment were particularly offensive and designed to intimidate and bully a young, vulnerable employee in her first week of work. The Tribunal accepted medical evidence that she suffered Post Traumatic Stress Disorder as a result.

The compensation award (although the Tribunal has yet to announce details) covers injury to feelings, injury to health, costs of care, loss of earnings, and aggravated damages because of the seriousness of the sexual harassment, and the way the employers conducted the case. £7,000 is to be paid by Mr Marriott personally. Lawyers believe this is one of the highest awards for such a case, reflecting its seriousness.

The Facts

The employer, Beadles Group Ltd, employs around 420 people in its dealerships. In June 2001, Angelica Graham, then aged 21, was appointed at the Sevenoaks branch. Ralph Marriott, an experienced salesman, was her line manager. The Tribunal had heard that in Ms Graham’s first week, Mr Marriott committed a number of acts of sexual harassment against Ms Graham.

As a result of the harassment, she left the job. Her lawyers told the Tribunal that Ms Graham experienced frequent and distressing flashbacks, that her relationship with her boyfriend had broken down, that she had lost social contact with her friends, and that she had suffered severe Post Traumatic Stress Disorder. Her lawyers estimated that it would be another 2 years before she was able to work again.

The company had no written policy on sex discrimination or sexual harassment, or equal opportunities in general. Neither did it provide training, guidance, or advice to ordinary employees about sexual harassment. The company had therefore failed to take the reasonably practical steps to prevent Mr Marriott from carrying out the acts of sexual harassment, the Tribunal found.

The Tribunal found that Mr Marriott had (among other actions):

- on her first day, pulled her towards him, said "Come here, lovely", hugged her, slipped his hand on to her buttock;
- asked to see her pubic hair to find out whether her hair was its original colour, gesturing towards her groin;
- pinched her bottom very hard, and when she screamed in pain, said "Never mind, sweetheart, I will rub it better for you", then pulled out the back of her skirt waist and said "nice arse";
- said "You have a nice bum, I want to bite your bum" at various times during the week;
- commented on the zip in the side of her skirt, tugged at it, pulled her towards his groin, grabbed her buttocks, lifted her off the ground, and tried to feel around her crotch;
and - made remarks in the office such as "She’s a fit one, I wouldn’t mind giving her one".
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