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MD’s repeated requests for a massage and saying he’d ‘tried it on’ was harassment

Makbool Javaid

In Groman v (1) Universal Science (UK) Limited; (2) Stratford, Ms G, booked a two-bed flat to be able to attend a trade show. The MD, Mr S, indicated he would be attending and would share the accommodation. When S and G returned to the flat, S asked G for a shoulder massage twice and asked her to sleep with him. She indicated this was totally inappropriate. Six months later, S again asked G for a shoulder massage, which she declined telling him that it was inappropriate, but he repeated the request on several occasions. Then, at a charity dinner, S answered a question as to whether he and G were a couple by saying that he had tried at least 20 times but G had rejected him. G resigned and raised a grievance which was rejected on the basis that there was no evidence to support the allegations of sexual harassment. An ET found that the employer did not look fairly and objectively into the allegations and were quick to reach conclusions that they were unfounded. Any reasonable investigation would have uncovered the relevant evidence and G’s sexual harassment complaint was upheld.

The updates are kindly provided by Simons Muirhead & Burton Law firm

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 help 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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