Sexual harassment

Q: One of our members started work as a waitress in a café, and a few days later she was touched inappropriately by the male café owner. When she confronted him, she was summarily dismissed. What claims can she bring, given that she had only just started working there?

A: One single incident can still amount to sexual harassment, so she can bring a claim for that under the Sex Discrimination Act 1975 (SDA), which now has a specific section dealing with sexual harassment (see Labour Research, November 2005). It does not matter how long she worked there.

The owner’s actions in dismissing her would also amount to victimisation under the SDA, if he dismissed her as a result of her making the complaint.

Although she cannot claim unfair dismissal because she had worked at the café for less than a year, she can seek to recover loss of earnings that resulted from the discrimination, as well as compensation for the injury to her feelings.