In the case of Ms Frances Fricker v Gartner UK Limited Ms Fricker was employed as an Accounts Executive from 1 September 2017 until 15 October 2019 when she treated herself as constructively dismissed. Her employer sold research and advice to businesses across the world and her role was to sell such services to existing businesses and prospective clients in England and Wales.
The accounts executive was subjected to “unwanted sexual advances” from her “condescending” boss Giuseppe Ajroldi whilst working at the company headquarters in Egham, Surrey, and an office in London.
The tribunal heard how Ms Fricker was repeatedly called “good girl” by Mr Ajroldi even after she “showed her irritation” by telling her boss it was “condescending” and that she was an “independent woman”.
Mr Ajroldo also mocked Ms Fricker’s weight by showing her photos from her Facebook profile, then laughing, saying “she looked fat”. Another time he is said to have puffed out his cheeks and pretended to be overweight, making her feel “degraded and humiliated”.
When she complained to bosses at international business consultancy firm Gartner, she was told she had flirted back to Mr Ajroldi. Mr Ajroldi later left the company – but was not sacked – but Ms Fricker was still harassed by other male colleagues, including being called an ‘oxygen thief’.
She resigned in October 2019, telling bosses: ‘The continued bullying, victimisation and less favourable treatment I’ve received as a result of a previous harassment grievance, not creating a safe environment to work in, forcing me to work in a hostile environment and not sporting a reasonable request to move into a different team to allow me to perform well is the final act and one I can no longer tolerate.’
Employment Judge Gary Tobin said the extent of such a ‘discriminatory’ culture was ‘rare’ in his experience and added language which may once have appeared ‘harmless’ now had a different meaning.
Ms Fricker’s claims of constructive unfair dismissal succeeded and compensation will be determined at a later date.
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