Harassment at work: woman awarded £29k in dress code dismissal

A woman who faced harassment at work and was dismissed for wearing trainers to the office has recently won an employment tribunal and £29,000 in compensation. The tribunal ruled that she was unfairly treated and that her bosses had a “desire to find fault” with her.

Steph Marsh, Head of Coodes’ Employment team looks at some of the issues raised by this case and shares tips for employers for fostering a more inclusive workplace and company culture.

Harassment at work

Elizabeth Benassi, 18, was dismissed from a recruitment firm for breach of dress code and performance. In her time at the company, Benassi claimed she faced harassment at work and was micromanaged, was “treated like a baby” and subjected to an undue level of scrutiny having raised a grievance. Colleagues had also used, and taken pictures of, her laptop and its contents without permission.

Part of a cohort of colleagues who were in their early 20s, Benassi had asked her manager not to disclose her age to avoid her being perceived as the ‘baby’ of the group and for fear of being treated differently. After being upset to learn her manager had revealed her age at a team-building event she emailed her manager to explain she felt this breached confidentiality and trust. She was assigned a new manager after raising the issue however workplace relations continued to worsen.

Unaware of the company’s dress code, Benassi wore trainers to work. She was immediately reprimanded by her previous manager and apologised. Benassi later emailed her previous manager to say she was unhappy with the way it was handled. Additionally, she had noticed others in the office were wearing trainers and had not received a warning. This grievance was escalated to the operations manager who reiterated via email that a professional dress code is required at all times.

In the days that followed the grievance, Benassi’s manager contacted HR for advice. Two colleagues also emailed Benassi’s previous manager detailing an incident in which Benassi asked if she was allowed to go to the toilet while meeting with clients.

The tribunal said this shed light on the level to which she was being monitored, the behaviour of colleagues and her experience in the workplace environment.

The employment tribunal

In an email to her manager, Benassi explained she could not even “breathe at work” without it “being an issue”.  A month later she suffered a panic attack at work. She was informed she had not passed her probation and would be dismissed.

Her manager cited that this was due to attendance, behaviour, conduct, time keeping and her dress code violation. A HR adviser raised concerns about the approach to her dismissal after seeing the meeting notes. They suggested that the company should extend Benassi’s probation. The company declined and stuck to their original outcome.

A subsequent tribunal ruled that Benassi was treated unfairly as a result of wearing trainers to work and that this indicated a “desire to find fault” with her. The harassment at work was not deemed to be due to her age however this could have been a contributing factor. Overall, Benassi was awarded £29,187 in compensation for financial loss and injury to feelings.

Tips for employers

This case is important for employers to take note of, particularly in the need to foster an inclusive environment. Keeping these three tips in mind can ensure that all team members are treated fairly.

Firstly, while Benassi’s claim of age-related harassment at work was dismissed, discrimination due to age can occur in the workplace. Dangerous stereotypes about both older and younger people can lead to unfair treatment or micromanagement. This creates an undesirable environment for the employees which can open companies up to harassment claims.

In addition, all employees must be onboarded in the same way. This means that everybody is aware of company policy and that all employees should have access to the staff handbook. It’s important to keep current employees up to date with any amends or additions to these policies and the handbook.

Most importantly, ensure that company policy is being followed at all times. This applies to those on probation all the way up to senior positions. Employers should also ensure that employees do not face adverse treatment or consequences from raising concerns or complaints about discrimination or harassment at work and that there is a robust system in place for dealing with these.

Coodes’ Employment team

Employment law can be vast and is changing all the time. This case is a prime example of how issues and complaints can rapidly escalate into reputational and financial damage.

It is crucial for employers to keep up to date with their responsibilities towards their employees and understand the risks that come with failing to adhere to those. At Coodes, our Employment team provide proactive advice to resolve workplace issues and help our clients implement practical solutions.

For further support at steph.marsh@coodes.co.uk or call 01579 324 017. Additionally, you can fill in our online contact form.