In the case of Mrs Mandy Fleming v McGill Facilities Management Ltd (in administration) the claimant had been employed by the respondent since February 1996. In December 2021 the claimant was in the office with colleagues, when another employee Robert McFarlane discussed an imminent site visit to a move of office.

The claimant asked about seating arrangements, and was told that it was “boy:girl:boy:girl”. When she said that the office was predominantly female, he said something to the effect “you dykes sit at the top” when she asked if she would be near a colleague with whom she worked closely. He then laughed loudly. Mr McFarlane had made other such comments previously. The claimant was upset and embarrassed at the comment. She was affected by it such that she excluded herself from communications in the office and dreaded going to work. She spoke to her husband from the car park each day and would cry when doing so.

The claimant raised a grievance with regard to the matter. The respondent accepted that the word referred to had been used but claimed that it had been “just banter”. In February 2022 she was told that many people in the respondent knew of the matter, and she felt substantially embarrassed. She resigned on 25 February 2022 as a result of the effect on her. She obtained new employment on 1 March 2022, with less remuneration.

The claimant was awarded the sum of £15,406 including £2,000 for injury to feelings.