Partial win Employment Tribunal · 22 November 2023

Long-term friend and accounts manager wins sex discrimination claim over 'pretty women' WhatsApp message

A tribunal upheld one claim of direct sex discrimination after an accounts manager was told a client 'likes pretty women', but dismissed her constructive dismissal and other claims.

2 min read · Last updated 19 May 2026

Case details
  • #long-term-friendship
  • #blurred-boundaries
  • #restructuring
  • #pretty-women-comment
  • #constructive-dismissal-claim-dismissed
  • #whistleblowing-claim-dismissed

Key facts

  • The claimant worked for the respondent as an administrator in 2012 and returned in May 2018 as a self-employed contractor.
  • The claimant became an employee on 6 February 2020, but the tribunal later found she was an employee from May 2018.
  • The claimant resigned on 5 May 2021 after a dispute over a proposed restructuring of the invoicing team.
  • The tribunal found that the claimant was not constructively dismissed and that the final straw email from Mr Bruce was innocuous.
  • The tribunal upheld one claim of direct sex discrimination regarding the 'pretty women' comment made by Adam Crouch on 8 April 2021.
  • All other claims of discrimination, harassment, and whistleblowing detriment were dismissed.

Timeline

  1. Claimant starts work as self-employed

    The claimant agreed to work for the respondent on a self-employed basis, invoicing for her work.

  2. Claimant becomes Accounts Manager

    The claimant was appointed Accounts Manager and issued an ID card with that title.

  3. Claimant becomes employee

    The claimant became an employee of the respondent on an annual salary of £60,000.

  4. Pretty women comment

    Adam Crouch sent a WhatsApp message saying the claimant should attend a meeting because a client 'likes pretty women'.

  5. Restructuring proposal

    The respondent proposed a restructuring of the invoicing team, which the claimant felt undermined her role.

  6. First resignation

    The claimant resigned but withdrew her resignation after discussions with Adam Crouch.

  7. Final straw and resignation

    The claimant resigned after an email from Michael Bruce, which she considered undermining, and gave an ultimatum to dismiss Bruce.

  8. Contact with Action Fraud

    The claimant contacted Action Fraud alleging fraud by the respondent.

  9. Contact with police

    The claimant contacted Cambridgeshire Police via webchat about the alleged fraud.

  10. Claimant arrested

    The claimant was arrested by police for refusing to return company computers, but was released when she agreed to hand them over.

The outcome

The tribunal upheld one claim of direct sex discrimination regarding the 'pretty women' comment made by Adam Crouch on 8 April 2021. All other claims, including constructive unfair dismissal, sexual harassment, harassment related to sex, and whistleblowing detriment, were dismissed.

  • The claimant was not constructively dismissed because the final straw email from Michael Bruce was innocuous and did not breach the implied term of trust and confidence.
  • The 'pretty women' comment was found to be direct sex discrimination, but no compensation was awarded as the tribunal did not specify damages (damages_gbp: null).

Lessons & takeaways

  • Even casual comments about appearance can amount to direct sex discrimination if they are linked to gender.
  • A long-standing friendship with the employer does not prevent a discrimination claim, but it may affect the tribunal's view of the working relationship.
  • To succeed in a constructive dismissal claim, the employee must show a fundamental breach of contract by the employer; an innocuous email will not suffice.
  • Whistleblowing claims require a protected disclosure in the public interest; internal disputes about restructuring are unlikely to qualify.

When a friendship blurs the lines

This case shows how a close personal friendship between an employee and a company director can create blurred boundaries that later become the subject of legal dispute. The claimant, an accounts manager with three years' service, had been a long-term friend of the managing director, Adam Crouch. She initially worked as a self-employed contractor before becoming an employee in February 2020. The tribunal found that the friendship meant there was no obvious imbalance of power at the start, but that did not prevent a discrimination claim from succeeding.

The 'pretty women' comment

The key incident that succeeded was a WhatsApp message sent by Adam Crouch on 8 April 2021, saying the claimant should attend a meeting because a client 'likes pretty women'. The tribunal found this was direct sex discrimination. It was a clear example of a comment that would not have been made to a male employee, and it linked the claimant's value to her appearance rather than her professional skills. The respondent could have avoided this by ensuring all managers understand that comments about an employee's appearance, even if intended as a joke, can be discriminatory.

Why the other claims failed

The claimant also argued she was constructively dismissed after a restructuring proposal and an email from another manager, Michael Bruce. However, the tribunal found that the email was innocuous and did not breach the implied term of trust and confidence. The claimant had also made allegations of whistleblowing, but the tribunal found she had not made a protected disclosure in the public interest – her complaints were about her own role and the restructuring, not a wider wrongdoing.

What this means for similar claims

This case is a reminder that discrimination claims can succeed even when the claimant has a close relationship with the employer, and even when other claims fail. However, constructive dismissal remains a high bar – the employee must show a fundamental breach of contract, not just a disagreement over restructuring. For anyone considering a similar claim, it is important to gather evidence of any discriminatory comments and to seek legal advice on whether the conduct amounts to a breach of contract.

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