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
  • 03 June 2026
  • Corporate and M&A

Is your Company’s Register of Members accurate? The hidden risks of getting it wrong

Ensure your company’s Register of Members is accurate and compliant. Learn the legal risks, common mistakes, and how to protect your business from penalties.

art
  • 02 June 2026
  • Corporate and M&A

Clarkslegal welcomes leading Corporate Law expert Mark Ridley as Partner

Clarkslegal is delighted to announce the appointment of Mark Ridley as a new Partner in the Corporate and Commercial team.

art
  • 28 May 2026

Newly rebranded legal services group Orwins makes investment in Clarkslegal

Orwins, the law firm for ambitious businesses and high net worth individuals, has today, 27 May 2026, announced a significant investment in Reading-based commercial law firm Clarkslegal.

art
  • 20 May 2026
  • Immigration

AI vs Home Office approved Translations – why migrants are paying the price

AI is transforming almost every professional sector. Law firms now use AI-assisted drafting, businesses rely on automated translation software, and governments increasingly use digital systems for decision-making.

art
  • 20 May 2026
  • Employment

Trade Unions Right of Access from October – What you need to know

Under the Employment Rights Act 2025, independent Trade Unions (i.e. those with a certificate of independence) will have a right to access workplaces (physically and digitally) from October 2026.

art
  • 19 May 2026
  • Privacy and Data Protection

New Complaints Procedure for Data Protection Coming in June – Are You Ready?

The Data (Use and Access) Act 2025 (the “Act”) received Royal Assent last year and introduces slight reforms to the UK’s data protection regime.