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Case
Studies
Sexual Harassment
Citation of Driskel v Peninsula Business Services
Until 1st October 2005 sexual harassment at work was not specifically dealt with as such by legislation. However this changed on 1st October 2005.
ACAS predict the new rules will make little difference. The Courts and tribunals have long since established that harassment is unlawful "discrimination" for the purposes of the Sex Discrimination Act if it results in an employee being treated less favourably than others on the grounds of sex. Useful guidance can be seen by the citation of Driskel v Peninsula Business Services IRLR 2000 151.
Ms Driskel was employed by employment law consultants Peninsula Business Services, as an advice line consultant. In 1996, she was interviewed by Her department head for a promotion. On the day before her interview, Her department head told her that she should wear a short skirt and a see-through blouse showing plenty of
cleavage .. more
Mrs Driskel lodged a Tribunal claim for sex discrimination. The Employment Tribunal found against her. In relation to the sex discrimination case, they concluded that the remarks were just intended to be flippant comments. The Tribunal placed some weight on the fact that he also made similarly vulgar remarks to his male colleagues.
The Employment Appeal Tribunal strongly criticised this decision. In relation to the Tribunal's assessment of the pre-interview comments of Her department head, the fact that his remarks were intended to be flippant "entirely misses the point. What is relevant is that by this remark (flippant or not) he was undermining her dignity as a woman, when, as a heterosexual, he could never similarly have treated a man." In cases of serious harassment, whether or not objections have been expressed is of little significance.
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