Sexual harassment

Case 8: The facts

Suzanne Loosley brought a claim for sex discrimination following conduct by her manager that, she claimed, amounted to sexual harassment. A tribunal found that there was a culture of banter in the workplace, including remarks carrying sexual innuendo in which Loosley had participated. It rejected her claim on the grounds that she had not complained about the conduct and that it was not discriminatory.

The ruling

The Employment Appeal Tribunal (EAT) upheld the tribunal's decision. For conduct to amount to sexual harassment, the EAT said, it must be directed at someone because of their sex. Even if harassment is gender-specific, it is not necessarily sexual harassment (although its gender-specific nature may point towards this).

The tribunal had been entitled to find that the reason for the manager's conduct was the workplace culture in which banter and innuendo were freely exchanged between all members of the office, men and women alike, and in which Loosley had participated.

Loosley v Mouton & Norfolk Probation Board UKEAT/0468/04