UK: Sex Discrimination, Constructive Dismissal, and Whistleblowing
Authors: Stephen Miller, Corinna Harris, and Charlotte Stern
A UK supermarket is to pay £60,000 in compensation and costs after failing to address workplace misconduct and whistleblowing concerns.
This case underscores the financial and reputational risks employers face when failing to address workplace misconduct and whistleblowing concerns.
Ms Oziel, a manager at Sainsbury’s, was repeatedly abused by a colleague, A, who resented being instructed. He swore at her in front of others, calling her a “f***g b**ch”. The store manager took no action. The following year, A threatened to buy an imitation gun to intimidate her and was later caught on CCTV making offensive remarks and blocking her exit from a small office. He only left when she activated her body cam, then returned with another colleague and continued swearing at Ms Oziel.
Despite reporting both incidents, Ms Oziel’s concerns were dismissed by the store manager, who laughed and called them overreactions. A then filed a grievance against Ms Oziel. Her written statement about A’s threat was disregarded, and the grievance outcome suggested she was partly to blame for A’s behaviour. Ms Oziel raised a grievance, received no response, and resigned four days later.
The Tribunal upheld her claims finding:
- Direct sex discrimination: A’s comments were based on Ms Oziel’s sex and constituted less favourable treatment.
- Whistleblowing: Her report about the gun threat was a protected disclosure about a potential crime and was in the public interest. Sainsbury’s failure to address Ms Oziel’s complaints, take action against A and blame her for A’s behaviour, amounted to detriment due to whistleblowing.
- Constructive unfair dismissal: The mishandling of her complaints, combined with discrimination and whistleblowing failures, amounted to a fundamental breach of trust and confidence.
Ms Oziel was awarded nearly £60,000 in compensation and injury to feelings. Notably, she also received £2,000 in aggravated damages, as well as her costs, reflecting the Tribunal’s disapproval of Sainsbury’s attempt to blame her for A’s behaviour.
Key Action Points for Human Resources and In-house Counsel
As this is a first instance decision, it isn’t binding on other Tribunals.
In order to manage risks, employers should:
- Signpost workplace behaviour policies and provide training to managers on how to respond to any incidents
- Take employees seriously when they raise concerns and investigate promptly. Involve HR and take legal advice at an early stage
- Recognise that management errors do happen and that reflecting on how things can be handled better can prevent a mistake being repeated.
