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Factual summary
An employment tribunal found that Kensington and Chelsea Council was liable for sexual harassment after a group accountant, Lesley Shields, made sexually explicit comments to colleagues, alleging that a senior accountant, Francis Austin, and a project manager, Monika Newton, were having an affair. Ms Shields' comments included highly offensive remarks. Mr Austin and Ms Newton complained, leading to an investigation and Ms Shields receiving a warning. Their contracts were subsequently terminated. The tribunal dismissed claims of sex discrimination, victimisation, and whistleblowing, but upheld the sexual harassment claim, awarding Mr Austin and Ms Newton a combined total of £13,887 for injury to feelings.
What happened
Francis Austin, a senior accountant earning the equivalent of £150,000 annually, recruited Monika Newton, a project manager on a £100,000 annual equivalent contract, to assist Kensington and Chelsea Council's Grenfell Tower disaster response. Lesley Shields, the group accountant and Mr Austin's deputy, expressed suspicion that Mr Austin and Ms Newton were having an affair. Ms Shields made several explicit comments to colleagues, including insinuating they were 'ducking off' and stating, 'She's s***ing his c*** about now' and 'She must be s***ing his c*** right now'. She also described Ms Newton as a 'c***' and a 'bitch'. Mr Austin and Ms Newton complained about Ms Shields' remarks, leading to a council investigation where Ms Shields was warned about her behaviour. Following this, Ms Newton's contract was not extended, and Mr Austin's employment was terminated. The pair subsequently brought claims against the council to an employment tribunal, alleging sex discrimination, victimisation, and whistleblowing, in addition to sexual harassment. The tribunal dismissed the claims of sex discrimination, victimisation, and whistleblowing. However, it concluded that Ms Shields' remarks constituted sexual harassment, finding that her purpose was to vent frustrations and that alleging sexual relations rather than working violated their dignity and created a humiliating environment. The tribunal awarded Mr Austin £4,000 plus £1,050 interest and Ms Newton £7,000 plus £1,837 interest, totalling £13,887 for injury to feelings. The judge noted that Ms Newton's presentation at the tribunal was 'histrionic and exaggerated' and that both claimants had 'made use of the fact that Ms Shields had made these inappropriate remarks to seek to improve their own positions at a time when their contracts were up for consideration'.
Why this matters
This case highlights an employer's responsibility to prevent and address sexual harassment in the workplace, even when it originates from a colleague's unsubstantiated allegations. Unwanted conduct of a sexual nature, such as explicit comments or insinuations about an employee's private life, can create a humiliating or offensive environment, leading to findings of sexual harassment. Employers can be held liable for the actions of their employees, underscoring the importance of clear policies, effective grievance procedures, and thorough investigations into all complaints.
UK workplace relevance
In the UK, the Equality Act 2010 defines sexual harassment as unwanted conduct of a sexual nature which has the purpose or effect of violating a person's dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for them. Employers are vicariously liable for acts of harassment committed by their employees in the course of employment, unless they can demonstrate that they took all reasonable steps to prevent the harassment. This case reinforces that even allegations of an affair, particularly when expressed with explicit language, can meet the threshold for sexual harassment and result in employer liability and compensation for injury to feelings.
What an employee may wish to document
- **Grievance Records:** Detailed records of the complaints made by Mr Austin and Ms Newton, including dates, specific allegations, and desired outcomes.
- **Investigation Reports:** Comprehensive documentation of the council's investigation into Ms Shields' conduct, including witness statements, findings, and conclusions.
- **Disciplinary Records:** Records pertaining to the warning issued to Ms Shields regarding her behaviour, outlining the specific misconduct and any corrective actions.
- **Communication Logs:** Records of all communications related to the complaints, investigation, and subsequent employment decisions, including emails, meeting minutes, and formal letters.
- **Contractual Agreements:** Documentation of the employment contracts for Mr Austin and Ms Newton, including terms of engagement and termination clauses, relevant to the non-extension and termination decisions.
Related guidance and tools
ACAS guidance · How to document workplace bullying · Workplace incident log
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