Harassment is defined as unwanted actions that violate a person’s dignity or create a hostile or offensive environment. What qualifies as harassment is connected to nine protected characteristics.
Gibbins v Cardiff and Vale University Local Health Board
In the case of Gibbins v Cardiff and Vale University Local Health Board, an employer was found liable for sex-related harassment for failing to provide a breastfeeding employee with a lockable room to express milk.
The employee returned to work after having her first child and a colleague walked in on her while she was expressing milk because the room didn’t have a lock. The employer suggested she prop a chair against the door and use a “do not disturb” sign instead. Although the employer apologised and eventually provided a lock, the issue arose again after her second child, when she was told the locked space would only be available at certain times.
The tribunal ruled that the employer’s actions were related to her sex, as they involved breastfeeding. The employee felt anxious, worried and belittled due to the lack of proper facilities. Her claim of sex-related harassment was successful.
This case highlights the importance of employers ensuring that breastfeeding employees have access to private, secure spaces to express milk. Aside from the clear legal risk of failing to do so, there is also the wider employee relations issue in play of fostering a supportive workplace environment.
Further reading
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