An Employment Tribunal ruled last year that a female French tutor was subjected to sex discrimination when she was asked by managers to address a hygiene issue with an adult male student. The Tribunal found that the managers’ assumption that a woman would be more suitable to address hygiene issues with students was conscious or unconscious sex discrimination. This case highlights the importance of employers being careful when asking staff to carry out delicate tasks with members of the opposite sex.
The female tutor, Miss H Jones, worked for a charity providing French classes to elderly people. She told the Tribunal that she believed she was asked to address the hygiene issue because the managers believed it would be more suitable for a woman to do so. The Tribunal found that on all occasions there was at least one man who could have performed the task. Additionally, both the Tribunal and the charity’s current CEO believed that it would have been more appropriate for the manager, of either sex, to deal with the issue.
During a period between Spring 2018 and Spring 2019, Jones was asked by more than one manager to approach a 94-year-old male student about an issue of his personal hygiene. This related to an involuntary release of urine which could be smelt by other students in the class. This happened on “five or so occasions”. The Tribunal found that these events had led to Jones feeling “very embarrassed”. Although she did not initially object to these requests and did not seek to refuse them, the Tribunal noted that she may have been concerned about the effects of refusing the requests.
Jones brought the claim of harassment related to sex alongside several other claims after she parted ways with the charity following the charity’s decision to end its relationship with her. The charity cited the failure to report a safeguarding issue as one of the reasons for ending the relationship, but the Tribunal found that “no part” of the charity’s decision was to do with her sex. The Tribunal also noted that a claim of harassment would have succeeded but was brought out of time. It followed an incident where Jones was told by a manager during a conversation over staffing not to “go with your ways” to the CEO. Jones took offence to the comment, interpreting it as “something alluding to ‘feminine wiles’”. She found this comment “demeaning” and relating to her sex. The Tribunal found that the comment amounted in law to harassment but was brought six months out of time and, therefore, failed.
Jones was awarded £4,000 plus £1,000 interest for “personal injury to feelings” relating to the claim about personal hygiene. All other claims failed. Open Age, the charity Jones worked for, said it “fully accepts” the findings of the Tribunal and has “reviewed its ways of working in light of it”. “Our aim is to always deliver a high-quality experience to our members, and we work with our staff, volunteers, and external tutors to ensure this”, it said.
If you are an employer, it is important to note that you need to be careful when asking staff to carry out delicate tasks with members of the opposite sex. If you are faced with a situation where a claim for discrimination is threatened or brought in the Employment Tribunal, it is important to seek legal advice. At Winston Solicitors, we can advise on a variety of workplace situations in which a claim for discrimination is threatened or brought in the Employment Tribunal.
