The claimant is employed by the respondent as a driver based at their Royal Mail National Distribution Centre. She argued that she suffered direct sex discrimination and/or harassment. The allegations related to the actions of a co-worker who pulled and attempted to pull the claimant’s hair and stated that she should be “back at home and in the kitchen”.

The respondent admitted the incidents amounted to direct discrimination/harassment but denied that the former related to the claimant’s sex. It contended that the employee could just as easily have pulled the long hair of a male employee.

The respondent subsequently offered all staff additional training on bullying and harassment. The employment judge upheld the claims and commented that “boys pulling girls’ hair has been an act of sexual harassment since most of us were children in the playground”. The judge went further and noted that the employee’s actions amounted to an effort to create “discomfort or humiliation [which] was clearly related to gender and is an act of harassment”.

Another claim of victimisation was dismissed.

Practical lessons
The respondent acted swiftly by removing the offending co-worker from all managerial duties. It also invited the claimant to contribute to the content of the training delivered. However, this case serves as a reminder of the importance of regular training covering discrimination and harassment in the workplace.

Despite its efforts, the employer accepted that one of the incidents was an act of direct sex discrimination or harassment. Although not clear from the judgment, it seems likely that the employer only responded to the events after the complaints were made. It goes without saying that as well as training, employers should introduce, or regularly review, its policies on equality/harassment. These should clearly set out what constitutes unacceptable behaviour and what the consequences of any associated breaches will be.
https://assets.publishing.service.gov.uk/media/5c9b627440f0b6340006f387/Ms_D_Nixon_v_Royal_Mail_Group_Limited_-332576_2017-__Final_Hearing_.pdf