In Sithirapathy v PSI CRO UK Ltd a lawyer, Nirosha Sithirapathy, filed 42 discrimination and harassment complaints to an employment tribunal. Ms Sithirapathy was employed at science and engineering company PSI CRO UK Ltd.
The tribunal heard manager Martin Schmidt asked Ms Sithirapathy why she was reluctant to move to work in another country by stating ‘you are not married, you don’t have children and you do not have a boyfriend’.
The panel was told the executive then went on to tell her staff in the overseas office he was suggesting she relocate to were ‘tolerant’ of lesbians.
Employment judge Emma Jane Hawksworth told her comments made to her by her boss did not amount to harassment. But it acknowledged the comments were ‘clumsily put’, it dismissed Miss Sithirapathy’s harassment claim. Her sexuality was not disclosed at the hearing but she is understood to be married to a man.
Judge Hawksworth said: ‘The comments were unfortunate and awkward. However, we bear in mind the importance of not encouraging a culture of hyper-sensitivity or of imposing legal liability to every unfortunate phrase.’
‘Some of the comments made to Miss Sithirapathy were very unfortunate and clumsy. However, we have concluded that they did not cross the line such as to amount to unlawful harassment.
‘We have therefore concluded that the claimant was not subjected to discrimination, harassment or victimisation. Those complaints fail and are dismissed.’
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