Employee who ‘humped the table’ unfairly dismissed

The dismissal of an employee with 39 years’ service, who simulated a sex act, was found to be unreasonable as such behaviour had been tolerated by the employer from him and others for years.
Justice

In Cuthbertson v Siemens plc, Cuthbertson (C) trained apprentices. He had 39 years’ service. There is a good deal of strong language in the workplace with sexual connotations and photographs of nude women displayed in certain places. A parcel arrived containing a sex toy meant for one of the Occupational Health Advisors. C lowered his trousers, exposed his underpants and “simulated a sexual act” which a colleague described as having “humped the table”. C was dismissed for gross misconduct. An ET found the dismissal unfair. The ET rejected the employer’s argument that C had “crossed a line” between behaviour which is tolerated and common in the workplace and his behaviour which would be clearly unacceptable – no such line was ever made clear to any employee.  Employees’ behaviour which no reasonable person could distinguish as being less serious than this behaviour has been tolerated from C and others for years. C was awarded compensation of £ 14,870.


This update provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Click on the links to access full details. If no link is provided, contact us for more information.  Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, SM&B cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.

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