Security guard forced to resign after colleague's racist and sexist attack: employer held vicariously liable
A security guard who was subjected to racist and sexist harassment by a colleague was constructively dismissed after her employer failed to properly address her grievance. The tribunal awarded £59,566.
1 min read · Last updated 18 May 2026
Case details
- #sex-discrimination
- #race-discrimination
- #harassment
- #vicarious-liability
- #constructive-dismissal
- #injury-to-feelings
- #personal-injury
Key facts
- The claimant was employed as a security guard from January 2016 to 21 March 2019.
- On 24 December 2018, Mr Metodiev made sexually and racially offensive comments and removed the claimant's hat and wig.
- The respondent dismissed Mr Metodiev for gross misconduct but did not make express findings on discrimination.
- The claimant resigned on 21 March 2019 after her grievance appeal was not upheld.
- The Tribunal found the respondent vicariously liable for Mr Metodiev's actions and that the respondent had not taken all reasonable steps to prevent discrimination.
Timeline
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Incident with Mr Metodiev
Mr Metodiev made sexually and racially offensive comments, removed the claimant's hat and wig, and engaged in intimidating physical behaviour.
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Claimant reports incident
The claimant reported the incident to the respondent's control room; Mr Metodiev was allowed to work his shift that night.
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Mr Metodiev suspended
Mr Metodiev was suspended from site, 14 hours after the complaint was raised.
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Claimant becomes distressed at work
The claimant attended work but became very emotional and left; she was signed off sick and did not return.
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Mr Metodiev dismissed
Mr Metodiev was dismissed for gross misconduct following a disciplinary hearing.
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Claimant raises grievance
The claimant submitted a grievance covering the incident and earlier issues.
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Grievance hearing
The claimant attended a grievance hearing with Mr Woodley.
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Grievance outcome
The grievance was partly upheld but not on the key issues; the claimant appealed the same day.
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Grievance appeal outcome and resignation
The grievance appeal was not upheld; the claimant resigned the same day, citing lack of support.
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ET1 claim presented
The claimant submitted her claim form to the Employment Tribunal.
The legal issue
The tribunal had to decide whether the security guard was constructively unfairly dismissed and subjected to sex and race discrimination and harassment, and whether her employer was vicariously liable for the actions of a colleague.
The outcome
The tribunal upheld the claims of constructive unfair dismissal, sex discrimination, race discrimination, and harassment against CIS Security Limited.
The key reasons were:
- The colleague's actions on 24 December 2018 were sexually and racially offensive, including removing the claimant's hat and wig.
- The respondent dismissed the colleague but failed to make express findings on discrimination or take adequate steps to prevent future harassment.
- The claimant's grievance and appeal were not properly upheld, leading to her resignation.
Compensation breakdown:
- Basic award: £2,286.00
- Compensatory award: £25,889.25
- Total damages: £59,566.25 (includes injury to feelings and personal injury)
Lessons & takeaways
- Employers must take all reasonable steps to prevent discrimination and harassment, including making clear findings in disciplinary outcomes.
- A grievance process that fails to address the core issues can be a factor in a constructive dismissal claim.
- Vicarious liability means employers can be held responsible for the discriminatory acts of their employees, even if they have a disciplinary policy.
- Prompt and effective action, including proper investigation and support, is crucial after a harassment complaint.
This case shows how a single incident of harassment can unravel an employment relationship when the employer's response is inadequate. The security guard, who had three years' service, was subjected to a distressing attack by a colleague on Christmas Eve 2018. He made sexually and racially offensive comments, removed her hat and wig, and behaved intimidatably. Although the colleague was dismissed for gross misconduct, the tribunal found that CIS Security Limited did not make express findings on the discrimination element, and the claimant's subsequent grievance was only partly upheld on minor points.
The claimant resigned after her grievance appeal was rejected, citing lack of support. The tribunal concluded that the employer's failures amounted to a fundamental breach of the implied term of trust and confidence, entitling her to treat herself as constructively dismissed. It also held the company vicariously liable for the harassment, noting it had not taken all reasonable steps to prevent discrimination.
What the employer could have done differently
CIS Security could have avoided liability by ensuring its disciplinary outcome explicitly addressed the discriminatory nature of the conduct. A more thorough grievance process, with clear findings on the key issues, might have restored trust. Providing better support to the claimant after the incident, such as offering counselling or a phased return to work, could also have made a difference.
Why this matters
This case reinforces that employers cannot simply discipline a harasser and consider the matter closed. They must actively address the discriminatory impact and support the victim. The substantial award of nearly £60,000, including injury to feelings, reflects the serious harm caused. For employees, it demonstrates that resigning in response to an employer's inadequate handling of harassment can lead to a successful constructive dismissal claim.
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