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
  • 22 December 2025
  • Corporate and M&A

Corporate law in 2025 and looking forward to 2026

2025 has been a transformative year, with a massive paradigm shift from ‘deregulation’ to ‘transparency and accountability’ at Companies House.

Pub
  • 22 December 2025
  • Privacy and Data Protection

Data Protection Audits: Launch Event

Join us for a breakfast networking session on Thursday 5th February 2026 as we officially launch our Data Protection Audit services.

Pub
  • 22 December 2025
  • Privacy and Data Protection

GDPR Packages

Our comprehensive GDPR Packages are designed to help organisations navigate the complexities of data protection and ensure compliance with regulatory requirements.

art
  • 18 December 2025
  • Employment

Employment Law: Looking back at 2025 and what to expect in 2026

2025 has certainly been an interesting year for employment law. While the Employment Rights Bill has pulled much of the focus since it was introduced in October 2024, there have been other important updates this year as well.

art
  • 18 December 2025
  • Corporate and M&A

Deal Announcement: Clarkslegal’s corporate lawyers advise on the sale of Chatterbox Labs Limited to subsidiary of American tech giant

Clarkslegal’s corporate team, led by Senior Consultant Jon Chapman and supported by Senior Solicitor Emma Docking, advised the founders of Chatterbox Labs Limited on the sale of the AI security specialist to Red Hat, Inc., a wholly owned subsidiary of IBM.

art
  • 16 December 2025
  • Employment

Christmas Parties – Festive Fun or a New Year Hangover?

It’s Christmas party season! The office party is often a mixed blessing – an opportunity to boost morale and perhaps celebrate a successful year yet also a melting pot of workers letting their hair down, with potential for accidents, injuries, threats and claims.