The claimant is a minor and he applied to work at the respondent as a waiter and pot washer.  He was appointed following a short interview. He started in May 2022.  The issues arose when the claimant stated that the chef made a number of comments to him. This included ‘what are you doing my little sex machine?’,‘gorgeous boy’, ‘my little sugar plum’ as well as questions about the claimant’s sex life.  This also led to situations in which the claimant stated that the chef had touched him inappropriately such as tickling his ribs and poking his bum. The claimant told another colleague who then informed the owner. 

This led to the claimant not working pending an investigation into the allegations.The claimant was invited to a meeting where he outlined the allegations. The owner outlined how she had known chef for over twenty years and praised his work. Following this was a letter to the claimant terminating his employment citing that he had made a serious allegation against a member of ‘our staff’. It went on to say that because the claimant was unable to provide precise days and times of the alleged conduct, they could no longer investigate it.  

Outcome: 
The Tribunal was satisfied that the chef had engaged in the conduct alleged. It was clearly unwanted conduct of a suggestive and sexual nature. By telling another employee and it leading to a meeting with the owner those allegations when set out constituted protected disclosures.There was ‘no doubt’ that the claimant was dismissed because he made the protected disclosure.As a result, the Tribunal found that the claimant had been automatically unfairly dismissed (noting that the claimant did not have the requisite period of continuous service to have the right not to be unfairly dismissed) on the grounds of protected disclosure. The claimant was also found to have been subject to sexual harassment and the employer was vicariously liable for the actions of their employee, the chef.In total, the claimant was awarded £5452.30 for the injury to feelings and the loss of earnings relating to the dismissal.  

Practical Guidance for Employers:
A clear case of how not to deal with serious allegations being raised within the workplace.  Instead of properly investigating the actions, the owner decided to side with the long-standing employee in the face of the serious allegations and dismissed the new employee for raising the issues of sexual harassment. It goes without saying that when such issues are raised there should be a proper investigation into the allegations by collating all of the evidence and material before making decisions. The employer may also think about whether it is appropriate to suspend the employee on full pay who is subject to the allegations pending investigation.  

The full case can be found here: 
https://assets.publishing.service.gov.uk/media/668d24357541f54efe51bc1b/Mr_L_Tinker_v_Eyre_Arms_Limited_2602368.2022__judgment.pdf