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Alleged sexual harassment scuppers dismissal claim
Page 8
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A lorry loader's unfair dismissal claim is rejected as an Employment Tribunal hears of a sexual harassment claim. Peter Swingler reports.
A LORRY LOADER has lost a compensation claim for unfair dismissal after the Birmingham Employment Tribunal heard allegations that he harassed a woman warehouse manager at a Worcester firm with sexual remarks.
The alleged victim, Kate Taylor, was employed by TNT Logistics (UK) at Shire Park, Worcester. The Tribunal was told she was also upset when a magazine with sexual content and a thong were posted to her at work.
Mark Elmes, of Kidderminster, had loaded vehicles at the Worcester depot for 20 years with an unblemished record. He was accused of harassing Taylor with sexual innuendo and of sending her the magazine and thong.
Elmes denied the allegations and alleged he was sacked for gross misconduct because he had raised issues about safety at the depot.
He had repeatedly complained about pallets being stacked dangerously and left around in a manner likely to cause accidents: the Tribunal heard that this had led the Health and Safety Executive to investigate.
Elmes also alleged he had been picked on because he was a Transport & General Workers Union shop steward. During a six-day hearing, driver Jerry Sutton told the Tribunal: "Mark was stitched up because of his efforts to improve safety and because he was a shop steward."
Taylor, whodid not give evidence at the hearing, had complained to the management about alleged harassment by Elmes. It was alleged that he made a remark about her cleavage and about the number 69 which was said to have sexual connotations.
The Tribunal was told that when a trailer was driven into the depot Elmes suggested that Taylor could drive the vehicle on his lap, or on the lap of another woman, After Elmes was accused of sending Taylor the magazine and thong he was suspended and eventually dismissed. He denied any involvement.
Tribunal chairman Robert Powell said there was some concern about the way the firm had investigated the accusations, but overall the employer had acted within the bounds of reasonable responses.
As a result he rejected Elmes' compensation claim for unfair dismissal. However, he also rejected a claim for costs against Elmes by the firm, which has since sold its contracts business and is now known as Ceva Logistics.