Veterinary receptionist sexually harassed by colleague: constructive dismissal upheld
An employment tribunal found that a veterinary receptionist with 8 years' service was constructively and unfairly dismissed after enduring a series of sex-related comments and unwanted physical contact from a colleague. The tribunal upheld claims of harassment and sex discrimination.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant worked as a receptionist from February 2013 until her resignation on 12 April 2021.
- The second respondent called the claimant 'blondie' and 'little one' and frequently put his arm around her.
- In July 2019, the second respondent, while drunk, made sexual comments and tried to grab the claimant.
- In late February 2021, the second respondent made a sexual comment about the claimant's partner's health.
- On 3 April 2021, the second respondent repeated a client's abusive term towards the claimant.
- The claimant resigned on 12 April 2021 due to the second respondent's conduct and lack of apology.
Timeline
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Employment started
The claimant began working as a receptionist at Hills Park Veterinary Group.
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First incident in spare room
The second respondent lay on a bed in the spare room and asked the claimant about her relationship, making her uncomfortable.
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July 2019 incident
The second respondent, visibly drunk, said 'Cor, what I would do with you' and 'Let's go upstairs and make some magic', and tried to grab the claimant.
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Late February 2021 comment
The second respondent asked about the claimant's partner's health and said 'Oh! That's a shame, I was hoping to get in there'.
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3 April 2021 incident
A client called the claimant a 'shit cunt'. When the claimant reported it, the second respondent said 'Well you are one, aren't you?'.
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Claimant attended work hoping for apology
The claimant worked on 5 April hoping the second respondent would apologise, but he did not.
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8 April 2021 incident
The second respondent showed a video and when the claimant declined, he said 'I don't expect nothing less from you'. The claimant left work crying.
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Resignation
The claimant handed in her resignation letter, citing the second respondent's conduct.
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Claim presented
The claimant presented her claim to the Employment Tribunal.
The legal issue
The tribunal had to decide whether a series of incidents, including sexual comments and unwanted physical contact by a colleague, amounted to harassment related to sex and sexual harassment under the Equality Act 2010, and whether the employee was constructively and unfairly dismissed as a result.
The outcome
The tribunal upheld the claims of harassment related to sex and sexual harassment in relation to several incidents, including the colleague's comments and attempts to grab the claimant. It also found that the constructive dismissal was an act of harassment and direct sex discrimination, and that the claimant was unfairly and wrongfully dismissed.
- The tribunal dismissed some minor allegations, such as the use of the term 'little one' and certain other comments.
- No compensation has been awarded yet; a separate remedy hearing will determine the amount.
Lessons & takeaways
- Employers must take prompt action when an employee reports harassment, including investigating and providing support, to avoid breaching the implied term of trust and confidence.
- A single serious incident of harassment can be enough to justify resignation and a constructive dismissal claim, especially if the employer fails to address it.
- Employees who resign due to harassment should ensure they have clearly communicated the reason for their resignation and given the employer a chance to remedy the situation.
- Tribunals will look at the cumulative effect of a series of incidents, even if some individual incidents may not be severe enough on their own.
This case highlights how a pattern of inappropriate behaviour in the workplace can lead to a successful constructive dismissal claim. The claimant, a veterinary receptionist, endured years of comments and unwanted physical contact from a colleague, including being called 'blondie' and 'little one', and a drunken incident where he made sexual remarks and tried to grab her. The final straw came when the colleague repeated a client's abusive term towards her, and the employer failed to offer an apology or take action.
What the employer could have done differently
The employer, Hills Park Veterinary Group Ltd., could have prevented the situation by taking the claimant's complaints seriously. A prompt investigation and appropriate disciplinary action against the colleague, along with an apology to the claimant, might have restored trust and avoided the resignation. The tribunal noted that the employer's failure to address the conduct amounted to a fundamental breach of contract.
Why this matters for similar claims
This case shows that employees who resign due to harassment can succeed in constructive dismissal claims if they can demonstrate that the employer's conduct destroyed the trust and confidence in the relationship. It also reinforces that harassment claims can succeed even when some individual incidents are not upheld, as long as the overall pattern of behaviour is found to be unlawful. The remedy hearing will determine the compensation, which may include awards for injury to feelings and financial losses.
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