Search

How can we help?

Icon

Driver subjected to sexual advances and biased grievance process was constructively dismissed

A female driver who was sexually harassed by her manager and supervisor has won her claim for constructive unfair dismissal.

The driver was harassed from the date of her interview for the role, with the manager taking her phone number from her application and making sexual advances on numerous occasions. She was also moved to another depot so the supervisor there could continue to encourage her manager’s advances.

Following her rebuffs, the manager made a complaint about her “poor attitude” just before the driver put in a formal grievance. The manager investigating the grievance was ill-prepared and was familiar with her manager, and concluded the conduct was neither harassment nor bullying and may have been welcomed. The driver’s appeal was not upheld, and she resigned.

A female driver who was sexually harassed by her manager and supervisor has won her claim for constructive unfair dismissal.

The Tribunal held that the conduct was clearly unwanted and amounted to a clear breach of trust and confidence, as did the employer’s treatment of her grievance. The Tribunal was particularly critical of those who conducted the grievance and appeal due to their lack of impartiality and their pre-determined opinions.

This case is a reminder to employers to ensure that grievances of this nature are investigated by a member of staff who has both the appropriate training and independence to do so.

Disclaimer
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

Author profile

About this article

Read, listen and watch our latest insights

art
  • 14 April 2026
  • Employment

Updates to Vento Bands 2026: Injury to feelings awards

For discrimination and detriment cases, compensation can also cover non-financial losses, which, in most cases, will include an injury to feelings award.

art
  • 13 April 2026
  • Litigation and dispute resolution

Renters’ Rights Act coming into force on 1 May 2026

The long-awaited Renters’ Rights Act 2025 (RRA) comes into force on 1 May 2026, bringing the biggest changes to the private rental sector since the 1980s. So what do landlords need to know about what is changing?

art
  • 13 April 2026
  • Immigration

Sponsor Licence Compliance in 2026: Increased Scrutiny, Increased Risk – Time to Audit

The Home Office’s latest updates to sponsor guidance in March 2026, alongside broader immigration rule changes introduced this year, signal a decisive shift in the UK’s sponsorship regime.

art
  • 10 April 2026
  • Privacy and Data Protection

Is your tech discriminatory?

Employers are increasingly reliant on technology to assist with all kinds of functions – from strengthening security to streamlining recruitment processes.

art
  • 09 April 2026
  • Employment

Bereaved Partner’s Paternity Leave: the new statutory right explained

The new statutory right is not inconsequential, and so to ensure that everyone is up to date: here is what you need to know about this new right.

art
  • 02 April 2026
  • Commercial Real Estate

Can I have access to a neighbour’s land to carry out works to my property?

As a landowner, maintaining and repairing your property is important. It may be the case that to do so, you will need to access the land of a neighbour.