A man who was offered a sex act by his female boss if he hit target has won his case for sexual discrimination against Your Move at an employment tribunal.
However, the tribunal ruled that it did not amount to harassment, and it also struck out Paul Elworthy’s claim for constructive unfair dismissal.
Financial consultant Elworthy, 45, was at a boozy Christmas lunch when Sarah Thompson, 51, allegedly made the remark – that if he banked £180,000 he would be rewarded with a sex act.
Thompson, who is financial services director at Your Move’s regional headquarters in Chessington, Surrey, had denied making the remark.
But colleague Giles Barrett, who still works at the firm, recalled it being made. When he heard it, he said “Does that count for everyone?” and she replied “No, you’re married” – and this was apparently followed by laughter.
The tribunal, in south London, said that the remark was not harassment, but that: “It was a highly sexualised comment and we have no hesitation in finding that the comment was made because of the claimant’s gender.”
The panel added: “We find that Ms Thompson would not have made an equivalent comment to a woman.
“We therefore find that the comment was less favourable treatment because of sex and the claim for direct sex discrimination succeeds.”
The tribunal also rejected Elworthy’s claims that he had been forced to clean toilets.
A further hearing will determine the amount of damages.
Last night, a Your Move spokesperson said: “‘We’re pleased that neither the sexual harassment or unfair dismissal claims were upheld and that Your Move was acknowledged as having acted fairly and reasonably.”