In Cuthbertson v Siemens plc, Cuthbertson (C) trained apprentices. He had 39 years’ service. There is a good deal of strong language in the workplace with sexual connotations and photographs of nude women displayed in certain places. A parcel arrived containing a sex toy meant for one of the Occupational Health Advisors. C lowered his trousers, exposed his underpants and “simulated a sexual act” which a colleague described as having “humped the table”. C was dismissed for gross misconduct. An ET found the dismissal unfair. The ET rejected the employer’s argument that C had “crossed a line” between behaviour which is tolerated and common in the workplace and his behaviour which would be clearly unacceptable – no such line was ever made clear to any employee.  Employees’ behaviour which no reasonable person could distinguish as being less serious than this behaviour has been tolerated from C and others for years. C was awarded compensation of £ 14,870.

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