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Recommendation that harassers be transferred

This report relates to 1 case(s)

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    Marshall v The Post Office [1999] ET/2602447/97 (1 other report)

    • Post Office failed to prevent harassment

      1 December 1999

      In Marshall v The Post Office, upholding a female postal worker's complaints of unlawful sex discrimination and discrimination by way of victimisation, a Nottingham employment tribunal (Chair: S Keevash) finds that the Post Office failed to take such steps as were reasonably practicable to prevent employees from sexually harassing and abusing her or from subjecting her to detriment in the conduct of the investigation of her complaints.

Following its ruling that the Post Office had discriminated against one of its female employees on grounds of sex and by victimisation, a Nottingham employment tribunal (Chair: S Keevash) in Marshall v The Post Office awards compensation of £14,000 and makes a six-point recommendation which includes the transfer of the complainant's harassers.

The full recommendation was as follows:

"(1) the respondent will provide the applicant with a letter apologising for the acts of discrimination and victimisation found by the tribunal to have occurred in this case, by 12 May 1999;

(2) the respondent will transfer the following employees away from the Glaisdale Parkway delivery office:

(a) Steven James, on his return from sickness absence;

(b) Nigel Baily, by 4 May 1999;

(c) Stuart Camm, after giving due notice under his contract of employment;


(a) the respondent will set up a review panel to investigate, report and make recommendations on the following issues:

(i) implementation of equal opportunities, harassment and grievance policies and procedures within Glaisdale Parkway delivery office;

(ii) workplace relationships and attitudes within the Glaisdale Parkway office;

(b) the review panel will consist of one representative from the divisional level of Royal Mail personnel and one divisional CWU representative, both of whom have not previously been involved in dealing with the applicant in relation to the issues investigated by this tribunal;

(c) the review panel will be appointed by not later than 14 May 1999;

(d) the full report of the review panel will be published as soon as is reasonably practicable to the Royal Mail's area manager for Nottingham and the CWU branch secretary for Nottingham (the summary of findings and recommendations may be published to Royal Mail employees within the Glaisdale Parkway delivery office and the area management team);

(4) the respondent will provide re-training in its equal opportunities, harassment and grievance policies and procedures to all managers in Glaisdale Parkway delivery office and to all sector operations managers in the Nottingham area, by 31 July 1999;

(5) the respondent will make available an out-of-line manager to whom the applicant may refer any grievance or harassment problems;

(6) a briefing note on harassment, addressing in particular (but not limited to) the severity with which the respondent will deal with harassment and discrimination will be sent to all staff at Glaisdale Parkway delivery office, by 8 May 1999."

13 May 1999; case no.