Following a ruling in the Employment Tribunal last month, a woman has been successful in her sexual harassment claim after her boss mocked her weight, regularly made comments about her appearance and used sexist language in the workplace.

In the case of Ms Frances Fricker v Gartner UK Limited, the claimant, a 39-year-old Accounts Executive at Gartner Ltd, worked at the company from September 2017 to October 2019. The claimant left the company in 2019 and treated herself as constructively dismissed as a result of the harassment she had experienced.

The claimant’s boss, Mr Giuseppe Ajroldi, repeatedly called her ‘good girl’, despite her numerous objections and requests that he not do so. It was argued that this ‘condescending’ behaviour ‘degraded and humiliated’ the claimant.

The tribunal heard evidence that painted the working environment at Gartner as toxic and male dominated. For example, there were also instances where Ms Fricker’s boss made comments about her weight, calling her ‘fat’ and doing mocking impressions of her where he puffed out his cheeks and pretended to be overweight.

The evidence shown at the Tribunal also outlined the many instances where comments had been made about the Ms Fricker’s appearance. In particular, during the course of a WhatsApp exchange, Mr Ajroldi told the claimant that she needed a better picture for her LinkedIn page and on the company website. Moreover, the Tribunal heard about instances where the Mr Ajroldi would look at pictures of her on his phone and laugh and/or make degrading comments.

The defence put forward that the comments aimed towards Ms Fricker were merely banter was not accepted by the Tribunal and the Judge ultimately ruled in favour of the claimant, stating that she had been sexually harassed and treated less favourably by her employer following the harassment. It was also held the claimant had been constructively and unfairly dismissed.

In the past, much of this behaviour and the words used would have amounted to little more than jovial workplace banter, but it is clear now that the world is changing and these previously insignificant ‘jokes’ and comments must be taken more seriously. As the Tribunal judge noted when summing up this case, “Language evolves over time. Words and phrases that might once have seemed harmless are now regarded as racial, homophobic and sexist slurs”. Consideration must therefore be given to the context of these workplace discussions and the impact that they may have upon different groups.

If you have any queries regarding employment issues, please do not hesitate to give Charlotte Braham a call on 01494 893529.