In Southern v Britannia Hotels Ltd and anor, Southern (S), aged 22, worked under a zero-hours contract in a Britannia hotel. S alleged that her manager, Nkoroi (N), frequently harassed her by asking about her sex life. S complained, but no action was taken. S further alleged that the harassment then became more humiliating, including N kissing her on her neck, touching her bottom and standing behind her, simulating sexual intercourse.

S lodged a grievance, which was investigated, but S was not asked for further details and little time was spent interviewing the key witness, albeit that some of the allegations were confirmed. S was informed that certain aspects of N’s conduct were inappropriate and he had been told to stop. However, no disciplinary action was taken against him. S presented a sex-related harassment claim to an employment tribunal (ET). A new HR manager, then conducted a further investigation, but the key witness’ evidence changed and no longer confirmed S’s allegations. The HR manager was not aware of the inconsistency with the first investigation and decided that there was no conclusive evidence that the majority of the alleged acts of harassment had taken place.

An ET upheld S’s claim that she had been subjected to unwanted conduct of a sexual nature. It found S to be a very credible witness, who had been consistent in describing the events, whereas N’s evidence had been imprecise and contradictory. The ET also found that the employer had not shown that it had taken reasonable steps to prevent the harassment, line managers paid lip service to equal opportunities policies, the investigations into S’s allegations had been totally inadequate and no disciplinary action had been taken against N. Given the employer’s failures and that S was very susceptible due to her age, and that the harassment had stemmed from an abuse of power by her line manager, the tribunal awarded S, £19,500 for injury to feelings.

The case serves as a reminder that those workers on zero-hours contracts whose terms and conditions place them within the scope of employment legislation are protected by the law and that people on such contracts often feel vulnerable as was demonstrated by evidence from S that she was concerned that her shifts might be reduced as a result of making a complaint. The case also reminds employers of the need to ensure their policies are enforced, treat complaints seriously, investigate them thoroughly and take appropriate action if a complaint is upheld. 

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