Sexual harassment claims survive strike-out but discrimination and monetary claims fail
A former business service consultant's direct sex discrimination and bonus claims were struck out, but her sexual harassment and harassment related to sex claims will proceed to a final hearing.
1 min read · Last updated 19 May 2026
Case details
- #direct-sex-discrimination
- #harassment-related-to-sex
- #sexual-harassment
- #indirect-sex-discrimination
- #monetary-claims
- #strike-out
- #time-limits
Key facts
- The claimant was employed by the respondent as a business service consultant.
- The claimant alleged direct sex discrimination, harassment related to sex, sexual harassment, indirect sex discrimination, victimisation, and unlawful deduction from wages.
- The claimant's direct sex discrimination claim was struck out because she compared herself to a female comparator, which is legally invalid.
- The claimant's monetary claims for bonus and commission were struck out because the contract and commission scheme provided no entitlement upon termination.
- The harassment related to sex and sexual harassment claims were not struck out, as they raised disputed facts suitable for a final hearing.
- The claimant was not permitted to pursue an indirect sex discrimination claim as it was not pleaded.
Timeline
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First alleged sexual harassment incident
A colleague suggested they 'run away with each other and have loads of sex'.
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Second alleged sexual harassment incident
The claimant was asked 'when was the last time you were spit roasted?'
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Derogatory remarks period
From end November to mid-December 2021, a colleague repeatedly made derogatory remarks including references to anal rape.
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Third alleged sexual harassment incident
A colleague shouted 'Zoe, give me a blowy' and questioned her sexual relationship with another employee.
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Shirt-dress incident
The claimant was sent home to change her white shirt-dress after a conversation about it was overheard among male colleagues.
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Redundancy consultation outcome meeting
The claimant informed the respondent she would pursue legal action.
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Early Conciliation commenced
The claimant started Early Conciliation with ACAS.
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Early Conciliation certificate issued
The certificate was issued, allowing the claimant to present a claim to the tribunal.
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Claim form presented
The claimant presented her claim to the Employment Tribunal.
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Private preliminary hearing
The March Hearing identified and summarised the claimant's case and made orders.
The legal issue
The tribunal had to decide whether the claimant's claims should be struck out for having no reasonable prospect of success, and whether she could amend her claim to add further sexual harassment allegations.
The outcome
The tribunal struck out the claimant's direct sex discrimination claim because she compared herself to a female comparator, which is legally invalid. Her monetary claims for bonus and commission were also struck out as the contract and commission scheme provided no entitlement upon termination. However, her claims for harassment related to sex and sexual harassment were not struck out, as they raised disputed facts suitable for a final hearing. The claimant was not permitted to pursue an indirect sex discrimination claim as it was not pleaded. No compensation was awarded at this stage.
Lessons & takeaways
- Direct sex discrimination claims require a comparison with a male comparator; comparing with a female comparator will fail.
- Monetary claims for bonus or commission depend on the contractual terms; if the contract provides no entitlement upon termination, the claim may be struck out.
- Sexual harassment claims often involve disputed facts that are best left for a final hearing, not struck out at a preliminary stage.
- Claimants should ensure all claims are properly pleaded early, as amendments may be refused if they introduce new claims out of time.
What this case shows in practice
This case demonstrates the importance of getting the legal basis right when bringing discrimination claims. The former employee, a business service consultant, alleged a series of disturbing incidents including a colleague suggesting they 'run away and have loads of sex', being asked 'when was the last time you were spit roasted?', and a colleague shouting 'give me a blowy'. However, her direct sex discrimination claim failed because she compared herself to a female colleague rather than a male one, which is legally invalid.
What the losing side could have done differently
The respondent, UK Direct Business Solutions Limited, successfully argued that the bonus and commission claims should be struck out because the contract and commission scheme clearly stated there was no entitlement upon termination. The claimant could have avoided this by checking the contractual terms before bringing the claim. The sexual harassment claims, however, survived because they involved disputed facts that need to be tested at a full hearing.
Why the result matters for similar claims
This case highlights that tribunals will carefully scrutinise claims at a preliminary stage to weed out those with no reasonable prospect of success. Claimants should ensure they have the correct comparator for discrimination claims and that their monetary claims are supported by contractual terms. The survival of the sexual harassment claims shows that tribunals are reluctant to strike out such claims where there are factual disputes, even if the allegations are serious and potentially distressing.
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