Bank Employee Wins Claim Of Sex Discrimination

A female investment banker working for Barclays took a claim of sex discrimination to the Employment Tribunal against her manager. The judge upheld Ms Lacatus’s claim and there will be another hearing to decide how much compensation she will receive. 

In February 2018, Ms Lacatus’s manager, Mr Kinghorn, used the word ‘bird’ to refer to female colleagues on several occasions in the workplace. Ms Lacatus told him that he should not use this word, yet he continued to do so which made her feel uncomfortable. Following Ms Lacatus telling her manager not to use this language, Mr Kinghorn even requested that she not report the incident to the HR department. 

Even though Mr Kinghorn tried to defend his actions of referring to female colleagues as ‘birds’ by saying that this language was light-hearted banter and intended to be humorous, and that the comment about reporting him to HR was just a joke, the Employment Tribunal ruled that the language used was inappropriate.

The judge said that referring to female colleagues as ‘birds’ constitutes sexist language and using this word in the workplace in an attempt at humour was misplaced. In addition to this, the judge said that it was foolish to assume that anyone would find this type of language amusing and the use of the word ‘bird’ inadvertently caused offence to female colleagues. 

What should employees take away from this case?

It is not uncommon for people to assume that sex discrimination in the workplace only occurs when colleagues are treated less favourable because of their sex, however, this is not the case. Whilst being treated less favourably is a clear case of direct discrimination, there are actually many other types of sex discrimination under The Equality Act 2010 too, providing protection to both female and male employees, such as; indirect discrimination, victimisation and harassment, all of which also exist in the workplace. 

Simply put, unwanted conduct forms the basis of a sex discrimination claim and in the case above, the language being used to refer to female colleagues was unwanted. Due to the fact that this language also generated an atmosphere that is offensive, humiliating, degrading, hostile or intimidating, it was unlawful. 

All employees need to be aware that sex discrimination can be physical conduct and also verbal conduct, and the way that you are spoken to by others in the workplace is equally as important as the way that you are treated by others. So, if you are ever in a situation where inappropriate language is being used around you, whether this is by male or female colleagues or managers, and you would like to make a sex discrimination claim, you should seek legal advice and follow the ACAS Code of Practice on Discipline and Grievance Procedures. 

Understandably, not all employees are aware of what protections The Equality Act 2010 provides, but learning more in this regard, especially if you are experiencing discriminatory behaviour can be really useful. If you are ever in doubt about whether the behaviour you have experienced is actually discriminatory, then you should not hesitate to speak to an employment law specialist and they will be able to discuss this in much more detail with you. 

Speaking to a specialist about sex discrimination in the workplace

Should you have any questions at all about sex discrimination in the workplace and you would like to find out more about this particular area of employment law, please do not hesitate to contact us here at Nationwide Employment Lawyers. We will gladly provide you with any additional information that you may require in this regard as well as any legal advice that you may need in relation to the unwanted conduct that you have experienced in the workplace. 

Our team of knowledgeable and talented employment law specialists will also be able to assist you should you wish to make a claim to the Employment Tribunal. We know just how stressful and time-consuming dealing with employment law issues independently can be, so let us help you by shouldering the burden. We have many years of experience and a superb record in representing our clients, and we can assure you that you will be in the best hands from start to finish when you enlist our help with your sex discrimination claim.