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It has long been known that what may seem like harmless fun at the Christmas Party can soon become claims of discrimination and harassment.
The recent decision from the EAT in the case of Nixon v Ross Coates Solicitors and another has just confirmed this.
The Claimant was seen leaving the Christmas Party with a male colleague. It was accepted that everybody had a lot to drink. Soon after the Christmas break, the Claimant informed the Respondent that she was pregnant, and shortly thereafter, the HR Manager began gossiping about the paternity of the child.
The Claimant requested to be moved to another office, away from the HR Manager, because she felt embarrassed and upset by the rumours, but this request was denied by one of the firm’s senior partners. The Claimant refused to go back to work in the same office and having not been paid for the month of February, she resigned in March.
The Claimant claimed constructive (unfair) dismissal, sex discrimination, discrimination on the grounds of pregnancy and harassment. The tribunal dismissed the claims of discrimination and harassment, but upheld the claim of constructive dismissal. Nevertheless, the tribunal reduced compensation by 90 % because of the Claimant’s ‘contributory conduct’, finding that she ‘was almost exclusively the author of her own misfortune in the events which unfolded by her foolhardy behaviour at the end of the office party’.
The Claimant appealed against the decision and the EAT found that the HR Manager’s actions amounted to harassment on the grounds of pregnancy. The EAT found that the gossip was connected to the Claimants pregnancy, the conduct was unwanted and it caused the Claimant embarrassment and upset. The EAT went on to say that this fulfilled the definition of harassment and as such, the firm was liable. The EAT also found that the firm’s failure to relocate her was related to her sex and / or pregnancy and therefore was also discriminatory.
Finally, the EAT disagreed with the reduction to the compensation and found that the tribunal had let its view of the Claimant’s conduct affect its judgment on her contribution to the unfair dismissal. The case was remitted to the same tribunal for an assessment of compensation.
In light of this case, employers should be thinking about the festive period ahead and ensuring that all staff are aware of what conduct is and isn’t acceptable.
If you would like any further information or advice as to how you should deal with the Christmas festivities, please contact us or call us on 0845 600 4996.
