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TNT Logistics defends against claim of unfair dismissal
Page 14
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When does harmless flirting become sexual harassment? A Birmingham employment tribunal must decide. Peter Swingier reports.
AN EMPLOYEE OF transport giant TNT Logistics is seeking compensation for unfair dismissal after denying allegations that he harassed a woman employee with a series of sexual remarks.
Lorry loader Mark Elmes was sacked from the company's Worcester depot after 20 years' service, a Birmingham employment tribunal was told.
Elmes, represented by the T&G Union, was alleged to have upset the woman with the comments over several weeks. It was alleged that he made sexually inappropriate remarks about her appearance.
The tribunal was told that when a trailer was driven into the premises Elmes was alleged to have suggested that the woman could drive the vehicle sitting on his lap or on another woman's lap.
The tribunal was told that some people would regard these comments as nothing more than jokes, but the woman concerned made notes of what had been said and complained she had been harassed by his comments. TNT Logistics investigated her complaints; following an appeal hearing Elmes was dismissed.
The firm denied there had been a conspiracy between the woman and another female against Elmes because he was a trade union member. It described Elmes' behaviour as "unwanted verbal conduct".
Ehnes has denied the allegations.
The hearing was adjourned to enable Elmes and other witnesses to give evidence.