Rojgar Job News

Male manager repeatedly massages shoulders of seated female subordinate in open office causing her distress and embarrassment, claims he is doing so to “encourage her” and then gives evidence denying it which the Tribunal does not swallow for a second. Sexual harassment? Quick, yes or no? Well obviously it is, except, as it happens, not necessarily. Raj –v– Capita Business Services Limited and Ward concerned very much those facts but the Employment Tribunal and then the EAT both concluded this month that there had been no sexual harassment. How so? It was quickly found that Ward’s massaging of Raj’s shoulders had been unwelcome and had caused distress and embarrassment. Two of the main components of harassment under section 26 Equality Act 2010 were therefore made out. However, there is a third – that the unwanted conduct causing distress is related to the employee’s sex. So was it? Other than that Raj and Ward were of different genders, ...