Disputes in the workplace can be stressful for all parties involved. They are considered common and, in most cases, can be sorted out without legal involvement.
However, in cases where lawyers are asked to represent an individual, who decides on the line between harassment and hypersensitivity?
This debate was brought to light following a dispute filed by claimant Nirosha Sithirapathy that reached an employment tribunal.
After filing 42 harassment and discrimination complaints against her manager, the case was dismissed as Employment Judge Emma Jane Hawksworth ruled that the comments made did not amount to harassment and instead warned against “a culture of hypersensitivity”.
According to the Judge, the comments were “unfortunate and awkward” but were not legally liable and did not amount to unlawful harassment.
The judge dismissed all 42 allegations of harassment and rejected claims of unfair and wrongful dismissal, age and sex discrimination, harassment and victimisation.
During the case, Sithirapathy complained of how her boss aired her personal circumstances. When discussing her reluctance to move to the firm’s office in Switzerland, her manager stated “you are not married, you don’t have children and you do not have a boyfriend”. He then told the claimant an anecdote about how the Swiss office were tolerant of a lesbian member of staff. The Judge accepted that the manager was trying to explain that personal circumstances were not an issue for the company.
The following year, the claimant was denied a promotion because she was still “young”, she was “at the beginning of her career” and that she “needed to be patient with herself”. The Judge held that that this was not discrimination on the ground of age as the same comments could have been made to someone who was at the same career stage as the claimant, whatever their age. Simply put, the tribunal agreed that she was not ready for a promotion.
This case illustrates that not every “clumsily put” phrase is discriminatory but, also begs the question as to the line between unlawful treatment and hypersensitivity.
Nalders has a dedicated team of employment law solicitors in Cornwall who can advise individuals on a wide range of issues, including workplace discrimination and employment arrangements. Get in touch with one of our lawyers via our contact form for more information.