Asking colleagues when they lost their virginity and calling them a ‘slag’ is acceptable within a culture of workplace ‘banter’, tribunal rules
- Emma Greenaway-Evans was wrongly fired for comments she allegedly made
- She had been accused of telling staff a female employee was ‘shagging about’
Calling a colleague a ‘slag’ or asking when they lost their virginity has been deemed as acceptable workplace ‘banter’, a tribunal ruled.
A property firm manager who was fired after she was accused of asking a colleague personal questions about her sex life has successfully sued her former employer.
The tribunal ruled that a culture of ‘banter’ of ‘a sexual or obscene nature’ was rife in the office that Emma Greenaway-Evans, was working at.
She had been employed by Countryside Properties for more than 20 years and was also accused of telling staff the female employee was ‘shagging about’ when she booked a holiday.
Ms Greenaway-Evans was sacked for gross misconduct but an employment tribunal ruled this dismissal was wrongful as there was a culture of ‘workplace banter’ and insufficient evidence she had made the comments.
A property firm manager who was sacked after she was accused of asking a colleague personal questions about her sex life has successfully sued her former employer (stock image)
The Manchester tribunal heard that Ms Greenaway-Evans began working for major housebuilding company Countryside Properties in March 1999.
Over the next 20 years, she worked her way up to the role of Progression Manager.
But one of the employees she managed complained about her in an exit interview in March 2020.
The staff member, Bethany Keeley, accused Ms Greenaway-Evans of saying ‘how did you get on at your smear Beth? I bet they didn’t find it’ when she returned from a smear test.
The tribunal heard Ms Keeley told bosses: ‘When booking a holiday at Valentine’s Day she proceeded to tell everybody I was “shagging about”.’
She also said her manager told her ‘I bet you stink’ after she wore the same shoes to work.
Additionally, she claimed Ms Greenaway-Evans asked her in front of the team what age she was when she lost her virginity, and when she refused to answer said she must have been ‘young’ and a ‘slag’.
But the tribunal found there wasn’t a comprehensive record of the allegations.
After the allegations came to light, a boss emailed Ms Greenaway-Evans’ manager: ‘I suggest we leave any kind of follow-up until you are back in the business as any kind of action will be like lighting a box full of gunpowder and I think we need to discuss the next steps carefully.’
Calling a colleague a ‘slag’ or asking when they lost their virginity has been deemed as acceptable workplace ‘banter’, a tribunal ruled (Manchester employment tribunal pictured)
The tribunal believed the ‘box of gunpowder’ referred to the disciplinary process, which hadn’t begun yet.
Ms Greenaway-Evans denied all the allegations and was invited to a disciplinary meeting on June 26, 2020, after which she was sacked.
When she appealed her dismissal, managing director Adam Daniels told her there was a ‘pattern of behaviour’ and other staff had said Ms Keeley was unhappy.
Ms Greenaway-Evans then sued Countryside Properties for unfair and wrongful dismissal.
Employment Judge Jared Duane Ficklin said: ‘It was clear from the evidence given to the tribunal as well as from the investigation that there were incidents of language and commentary, referred to as ‘banter’ by the interviewees, of a sexual or obscene nature in the office.
‘The [company’s] case depends on maintaining an incompatible dichotomy.
‘None of the interviewees were witnesses to the allegations and were not even asked about them.
‘With reference to the next issue, namely was the investigation reasonable, I found that it was not. The investigation was inadequate and not capable of reaching a reasonable conclusion that [Ms Greenaway-Evans] was guilty of gross misconduct.’
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