Harassment and victimisation: employer forwarded discrimination complaint to the alleged harasser
A former employee has won her harassment and victimisation claims after her employer forwarded her emails alleging sex discrimination to the person she complained about, who then called her. She was later dismissed.
1 min read · Last updated 18 May 2026
Key facts
- The claimant was harassed by the respondent on 10 October 2022 in relation to sex.
- The claimant sent emails on 15 November 2022 alleging sex discrimination.
- The respondent forwarded those emails to the perpetrator, who then telephoned the claimant.
- The respondent terminated the claimant's employment on 18 November 2022.
- The claimant had less than two years' service, so her unfair dismissal claim was struck out.
Timeline
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Harassment incident
The claimant was harassed by a perpetrator in relation to the protected characteristic of sex.
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Protected acts
The claimant sent two emails to the respondent alleging sex discrimination.
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Emails forwarded
The respondent forwarded the claimant's emails to the perpetrator.
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Perpetrator telephones claimant
The perpetrator telephoned the claimant in response to the emails.
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Dismissal
The respondent terminated the claimant's employment.
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Unfair dismissal claim struck out
Employment Judge R Brace struck out the unfair dismissal complaint due to insufficient service.
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Liability hearing (day 1)
The tribunal heard evidence on the sex discrimination and victimisation claims.
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Liability hearing (day 2)
The tribunal concluded the hearing and delivered oral judgment.
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Written judgment sent
The tribunal sent the written liability judgment to the parties.
The legal issue
The tribunal had to decide whether the employer sexually harassed the employee and then victimised her by forwarding her discrimination complaint to the alleged harasser and dismissing her.
The outcome
The tribunal upheld the claims of harassment and victimisation.
- The employee was harassed on 10 October 2022 in relation to her sex.
- She sent emails on 15 November 2022 alleging sex discrimination (protected acts).
- The employer forwarded those emails to the perpetrator, who then telephoned her.
- She was dismissed on 18 November 2022.
- The unfair dismissal claim was struck out due to less than two years' service.
- The remedy hearing is yet to be scheduled.
Lessons & takeaways
- Forwarding a discrimination complaint to the person complained about is likely to be seen as victimisation.
- Dismissing an employee shortly after they raise a discrimination complaint can be treated as a detriment for victimisation purposes.
- Employees with less than two years' service cannot bring unfair dismissal claims, but can still bring discrimination claims regardless of length of service.
- Employers should handle discrimination complaints sensitively and avoid involving the alleged perpetrator in the process.
This case shows the serious consequences when an employer mishandles a discrimination complaint. The former employee was harassed on grounds of sex, and when she raised the issue by email, her employer forwarded those emails to the person she had complained about. That person then telephoned her, and she was dismissed just three days later.
What the employer did wrong
The tribunal found that forwarding the employee's protected emails to the alleged harasser was a clear act of victimisation. It exposed her to further distress and effectively punished her for speaking out. The subsequent dismissal was also treated as a detriment linked to her protected acts. The employer could have avoided liability by keeping the complaint confidential, investigating it properly, and not taking any adverse steps against the employee.
Why this result matters
This case is a reminder that discrimination and victimisation claims can succeed even when the employee has less than two years' service and cannot claim unfair dismissal. The law protects workers who raise discrimination concerns, and employers must handle such complaints carefully. The remedy hearing will determine compensation, but the liability judgment already sends a strong message about the importance of treating whistleblowers and discrimination complainants fairly.
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