A zero-hours contract worker has been awarded £19,500 by an employment tribunal for harassment and the case highlights the need for employers to ensure discrimination claims by zero-hours workers are treated the same as other workers.
Southern v Britannia Hotels Ltd
Miss Southern was employed as a waitress in a hotel under a zero-hours contract. Over the course of eight months she was subjected to sexual harassment by her line manager, Mr Nkorol, which consisted of inappropriate comments in relation to her personal life and inappropriate physical contact.
Miss Southern complained to her line manager who advised her to make a written complaint but no action was taken by the company. The harassment continued and eventually Miss Southern confided in the hotel manager, saying she was reluctant to say anything in case her hours were reduced by Mr Nkorol. The hotel manager advised her to make a formal complaint, which she did, but the matter was not properly investigated. The investigation comprised a 10 minute interview with a witness who confirmed the allegations and no other details were sought.
The hotel manager wrote to Miss Southern concluding that the behaviour had been inappropriate but her complaint of harassment was not considered further. No action was taken against Mr Nkorol. Miss Southern then raised a claim for harassment in the employment tribunal.
On receiving the employment tribunal claim the hotel decided to conduct another investigation – 10 months after Miss Southern’s original complaint. A new HR manager conducted the second investigation and found that there was ‘no conclusive evidence’ after failing to read the papers relating to the first investigation.
The tribunal held that Miss Southern had been harassed and that the hotel was vicariously liable for it. It awarded Miss Southern £19,500 for injury to feelings. The tribunal was also critical of the investigation, particularly:
- the failure to take any action after the initial informal complaint
- the failure to take any action against Mr Nkorol
- the failure to conduct a thorough investigation and the length of time taken to complete it.
Zero-hours workers and compensation
The case serves as an example of the unfairness of zero-hours contracts as the tribunal expressed no doubt that Miss Southern’s initial reluctance to complain was because of her zero-hours status.
It also illustrates to employers how not to conduct an investigation into claims of harassment or discrimination.
Zero-hours contracts were the focus of debate in the General Election campaign and it appears that tribunals are prepared to take into account the status and security of a worker in discrimination claims when determining the (potentially high) level of compensation for injury to feelings – so employers should be aware.
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