Partial win Employment Tribunal · 16 May 2023

Compliance engineer wins harassment claim after colleague entered her home uninvited

A contractor at Jaguar Land Rover succeeded in claims of sex-related harassment after a male colleague entered her home while she was in the shower and later sent flowers. The tribunal upheld three of five harassment allegations.

2 min read · Last updated 18 May 2026

Case details

Key facts

  • Mr Cramp entered the claimant's home without permission on 5 September 2018 while she was in the shower.
  • Mr Cramp sent flowers to the claimant's home on 5 September 2018 with a card saying 'You are loved'.
  • Mr Dunn sent an offensive text message to the claimant on 3 October 2018.
  • Mr Dunn persistently called and visited the claimant's home on 17 October 2018.
  • The claimant's contract was terminated on 28 September 2018 due to cost-cutting measures.
  • The claimant was not found to be disabled at the relevant time.

Timeline

  1. Claimant starts role

    The claimant started working as a Compliance Engineer via a purchase service contract through Gattaca.

  2. Recruitment freeze announced

    Senior manager Ian Hartnett announced a recruitment freeze due to financial difficulties.

  3. Decision to terminate contract

    Dr Cuttler decided to terminate the claimant's contract as a cost-saving measure, before the shower incident.

  4. Shower incident

    Mr Cramp entered the claimant's home without permission while she was in the shower; he left when asked.

  5. Flowers sent

    Mr Cramp sent flowers to the claimant's home with a card saying 'You are loved'.

  6. Police report

    The claimant reported the shower incident to Leicestershire police.

  7. Written termination instruction

    Dr Cuttler emailed Gattaca to terminate the claimant's contract effective 28 September 2018.

  8. Meeting with Dr Cuttler

    The claimant disclosed her anxiety and depression; she said she did not want formal action at that time.

  9. Meeting about contract extension

    Dr Cuttler explained that the respondent could not extend the contract; the claimant indicated she wanted to formally complain.

  10. Offensive text from Mr Dunn

    Mr Dunn sent an offensive text message to the claimant.

  11. Mr Dunn's visit

    Mr Dunn persistently called and visited the claimant's home to retrieve his phone charger.

The outcome

The tribunal upheld three of the five harassment allegations:

  • Mr Cramp entering the claimant's home without permission (upheld)
  • Mr Cramp sending flowers with a card saying 'You are loved' (upheld)
  • Mr Dunn persistently calling and visiting the claimant's home (upheld)
  • The claim that Mr Cramp initially refused to leave failed due to factual dispute.
  • The offensive text from Mr Dunn was admitted by the respondent as harassment.

The claims for failure to make reasonable adjustments and victimisation were dismissed. The claimant was not found to be disabled at the relevant time. No compensation was awarded as the judgment was on liability only.

Lessons & takeaways

  • Unwanted physical intrusion into a person's home can amount to harassment related to sex, even if the intruder leaves when asked.
  • Sending flowers to someone's home after an unsettling incident can be considered unwanted conduct with a sexual connotation.
  • Persistent calling and visiting someone's home to retrieve a personal item may cross the line into harassment.
  • Employers can be liable for harassment by colleagues even if the conduct occurs outside the workplace, if it is connected to employment.
  • A contractor with short service can still bring harassment claims; length of service does not affect liability for discrimination.

A home visit that went too far

This case shows how conduct that occurs outside the workplace can still give rise to harassment claims. The claimant, a compliance engineer working as a contractor for Jaguar Land Rover, was off sick when a male colleague, Mr Cramp, entered her home without permission while she was in the shower. He left when asked, but later sent flowers to her home with a card reading 'You are loved'. Another colleague, Mr Dunn, sent an offensive text and then persistently called and visited her home to retrieve a phone charger.

The tribunal found that these actions – the uninvited entry, the flowers, and the persistent calling/visiting – amounted to harassment related to sex. The unwanted conduct had a sexual connotation or created an intimidating environment. The fact that the claimant was a contractor with only seven months' service did not prevent her from succeeding.

What the employer could have done differently

Jaguar Land Rover had already decided to terminate the claimant's contract for cost reasons before the shower incident. However, the tribunal noted that the employer did not take sufficient steps to address the harassment. The claimant had reported the shower incident to the police and later to management, but the employer did not investigate or take disciplinary action against Mr Cramp or Mr Dunn. A more proactive response – such as suspending the alleged harassers, conducting a proper investigation, or offering support – might have prevented the escalation and the subsequent claim.

Why this matters for similar claims

This case is a reminder that harassment claims can succeed even when the conduct happens outside work hours and away from the workplace. The key is whether the conduct is 'related to' a protected characteristic – here, sex. The tribunal found that entering a woman's home while she is in the shower is inherently related to her sex, and sending flowers with a message like 'You are loved' could be seen as an unwelcome romantic advance. For employees and contractors, it shows that unwanted attention from colleagues can be challenged. For employers, it highlights the need to take all complaints seriously, even if the alleged harasser is not a direct employee (Mr Cramp was also a contractor).

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