Legal action
Challenging sexual harassment and homophobia in the hospitality industry
Published: 11 September 2023
Last updated: 11 September 2023
What countries does this apply to?
Case details
Protected Characteristic | Sex, Sexual orientation |
---|---|
Types of equality claim | Harassment, Sexual Harassment |
Court or tribunal | Employment Tribunal |
Law applies in | England, Wales |
Case state | Concluded |
Our involvement | Legal assistance (section 28 of the Equality Act 2006) |
Outcome | Settlement |
Areas of life | Work |
Case name: H vs Fuller's
Legal issue
Is there a legally enforceable duty on employers to prevent the harassment of young female employees?
Background
The case involved claims from a young female former employee who suffered repeated incidents of sexual harassment while working as a kitchen assistant and waitress at a Fuller’s pub. The worker was subjected to homophobic and misogynistic comments including remarks about her appearance and her partner over an extended period of time whilst she was working in one of the Fuller’s pubs.
Allegedly, when she complained about the comments, after enduring them for several months, she was subjected to further derogatory behaviour and comments.
Why we were involved
We work to prevent harassment of employees and highlight instances where employers fail to take reasonable steps to prevent their staff.
What we did
We provided funding for the employment tribunal claim.
What happened
A settlement agreement was reached which included an apology to the claimant for the behaviour she had experienced during her time with the company. Fuller’s has also agreed to implement mandatory sexual harassment training for kitchen and front of house staff across their national network of pubs.
Who will benefit
The vast majority of bar and waiting staff say they have either experienced or witnessed inappropriate sexual behaviour, and do not get management support to address it. This case has raised the visibility of the issue, and the consequences for employers if they do not deal with it.
Fuller’s has now committed to taking steps to make sure their employees are protected from unacceptable harassment in the future. All employers should follow this example and ensure they are acknowledging and addressing the issue.
Read more about the case here.
Date of hearing
Page updates
Published:
11 September 2023
Last updated:
11 September 2023