Ms N Chung v Whisky 1901 Ltd – Employee awarded £51,776.67 in compensation following successful claims of Harassment and Victimisation

Ms. Nina Chung, the Claimant, was a former employee of Whisky 1901 Ltd, a cask investment firm. During her employment she was subjected to sexual harassment and victimisation, following a sequence of events between August 2022 and November 2022. The Claimant complained about colleagues making derogatory remarks about women. 

This case was held in the Employment Tribunal in September 2024, and the Tribunal found that the following actions were well founded complaints of harassment relating to sex: 

- Asking if the claimant was planning on getting pregnant; 

- Locking the claimant out of the office; and 

- Failure to uphold the claimant’s grievance. 

The Tribunal found the following complaints of victimisation to be well founded; 

- On 14 November 2022, raising misconduct allegations and suspending the claimant from work for 5 months;

- Mr. Sparkes disciplining the claimant without his attending the disciplinary hearing;

- Imposing a 12-month written warning when 6 months had been recommended; and

- Dismissing the claimant (by way of her resignation).

Judge Kllmov also held that employees making derogatory comments about women such as “birds” was a well-founded complaint of harassment related to sex. 

The Tribunal found that the respondent had unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015 and it was just and equitable to increase the award payable to the claimant by 20% in accordance with s 207A Trade Union & Labour Relations (Consolidation) Act 1992.

The Claimant was awarded £51,776.67 in compensation. 

What does this mean for you? 

This highlights the importance of having an updated Equality and Diversity Policy and a fair Disciplinary and Grievance Procedure within your organisation. If an employee has raised a grievance, contact the Employment Team at Buxton Coates Solicitors, and we can support you through the process. 

Also as the new Worker Protection (Amendment of Equality Act 2010) Bill is coming into force on the 26 October, now is the time to be prepared to stop sexual harassment and ensure you have taken all reasonable steps to prevent sexual harassment in the workplace. We have created a special Worker Protection Pack that provides training along with everything else you need to be prepared for the new duty. 

Contact our Employment team today on employment@buxtoncoates.com or 0330 088 2275.