A recent employment tribunal ruling highlights the importance of clear and robust workplace policies to prevent and address harassment in the workplace.
Background to the Tribunal case
The case centred on Mary Coulter, an IT Service Desk Analyst, at The Scottish Police Authority, who brought a claim for sexual orientation discrimination against her employer. The Tribunal heard that Ms Coulter, a gay woman, had repeatedly sent her line manager, Ms McCabe, personal messages, cards and gifts, including items delivered to McCabe’s home.
In November 2022, McCabe was signed off work due to stress, partly citing Coulter’s behaviour as a contributing factor. After her team was notified of her absence, Coulter messaged McCabe to say: “I wish I could be there to pamper you ‘til you recover. Sending lots and lots of TLC to you”, followed by a heart emoticon.
Following this text, McCabe felt she could no longer deal with the matter herself and, again, informed her line manager.
Coulter later sent McCabe a get-well card, a bouquet of predominantly red roses, and a teddy bear, which McCabe found distressing as she had not shared her home address.
The Tribunal heard she was frightened Coulter might turn up at her door, describing Coulter’s behaviour as “verging on stalking”. The employer initiated an informal disciplinary process, instructing Coulter to stop her behaviour, with the warning that failure to do so could lead to formal disciplinary action. Additionally, Coulter was reassigned to a different line manager’s team for operational reasons and to address her conduct.
The Authority led an informal disciplinary process against her requesting she stop her behaviour, and if there was no improvement that matter would be progressed to a formal disciplinary procedure.
It was subsequently decided that Coulter, along with other team members should be moved to another line manager’s team. The Tribunal noted this was partly due to Coulter’s behaviour and also because of operational reasons within the company.
Coulter wrote to her new team leader to explain that this decision would “completely flatten” her and “make [her] so miserable” as it was McCabe’s management that made her “happy and upbeat”.
The discrimination claim
Coulter claimed she had been unlawfully discriminated against on the grounds of her sexual orientation due to:
- The respondent taking informal disciplinary action and issuing a letter to the claimant following a meeting with her, and
- The respondent moving the claimant to work for a different team leader.
The Tribunal accepted that the perception of Coulter’s behaviour was not due to her sexual orientation, but Coulter argued that McCabe’s reaction was “adverse and irrational” and “vexatious”.
Coulter suggested she was motivated by homophobia, which the tribunal rejected.
In response to Coulter’s concerns, HR reviewed her file and decided that Coulter’s behaviour amounted to harassment. The HR manager responsible for the review met with Coulter to ensure she understood the impact of her behaviour and a similar thing did not happen in future.
The tribunal found no evidence that Coulter’s treatment was due to her sexual orientation, concluding instead that her employer’s actions were based on her inappropriate behaviour. Coulter’s claim was dismissed. Read the full judgment here.
Lessons for employers
This case highlights several key takeaways for employers:
- Clear policies on harassment and stalking: Employers must have a clear and comprehensive policy outlining what constitutes harassment or stalking and the consequences of such behaviour. These policies should be well-communicated to all staff.
- Recognising the signs of harassment or stalking: HR teams and managers should be alert to changes in employee behaviour, such as heightened anxiety or avoidance.
- Decisive and fair action: Employers should act promptly and fairly when addressing harassment claims. A consistent and transparent process demonstrates a zero-tolerance approach while safeguarding the rights of all employees involved.
- Support for all parties: Providing support for those affected by harassment – including the alleged harasser – can prevent escalation and foster a respectful workplace culture.
