Workplace harassment claims can succeed even where no harm was intended — Esteves v West London NHS Trust is a timely reminder that the legal test turns on how conduct is received – no matter how well intentioned a workplace “term of endearment” might be.
Esteves v West London NHS Trust
In this case, a 61-year-old healthcare assistant successfully brought a harassment claim after a colleague repeatedly referred to her as “auntie” – despite being asked to stop. The colleague maintained that the term, influenced by his Ghanaian heritage, was intended as a mark of respect. The tribunal accepted that point but nevertheless found that its continued use created an offensive environment once the healthcare assistant had made her objection clear.
The result: a finding of age- and sex-related harassment, and £1,425 in compensation for injury to feelings. The message from the tribunal was clear: personal boundaries must be respected at work.
While workplaces rightly celebrate cultural differences, respect is best demonstrated in the way conduct is received—not just the way it is intended. And when a colleague asks to be called by their first name, it may be wise to take them at their word.
Further reading
- Age Discrimination – Hunter Law
- HMRC accused of harassment for birthday wishes – Hunter Law
- BBC settles discrimination claims on the steps – Hunter Law
- Equality Act 2010 – UK Government
- Discrimination – Know your rights – UK Government
- Discrimination and the Law – ACAS
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