A Co-op HGV driver has been awarded £19,042 in compensation after a tribunal found that a female colleague's accusations of sexual harassment and discriminatory remarks constituted sexual harassment and direct sex discrimination.
Charlotte Brooks, who began working for Co-op as an apprentice lorry driver in January 2022, alleged that colleague Kerry Dawson subjected her to bullying for two years. The tribunal heard that Ms. Dawson made comments, including a voice note in October 2024, stating that Ms. Brooks believed she could "flash them [her breasts] at anybody and anyone will do anything for her." Ms. Dawson also accused Ms. Brooks of performing sexual favors to achieve her goals.
Ms. Brooks reported the conduct, which was investigated by Co-op. The company determined that Ms. Dawson's behavior between June 2022 and October 2024 was inappropriate and initially dismissed her. However, Ms. Dawson successfully appealed the dismissal, which was overturned and replaced with a written warning.
The appeal manager cited "historical conflict" between the women and procedural flaws in the original disciplinary process, including insufficient information provided to Ms. Dawson and the use of hearsay evidence. Ms. Brooks was informed that Ms. Dawson would return to work in January 2025 without any discussion of safeguarding measures.
This news caused Ms. Brooks significant distress, leading her to take time off work due to stress until February. An employment tribunal later found that Ms. Dawson's comments amounted to sexual harassment. Employment Judge Paula Volkmer stated that the appeal process had not adequately considered the seriousness of Ms. Dawson's conduct or its impact on Ms. Brooks.
Judge Volkmer noted that the appeal manager's decision to overturn the dismissal, despite Ms. Dawson's admissions, appeared to minimize the sexual harassment. The judge inferred that the appeal manager may have held a view that sexual harassment between two women is not as serious as that between members of the opposite sex, suggesting the situation might have been handled differently if the parties were of different genders. She also pointed out that Co-op failed to implement safeguarding measures for Ms. Brooks upon Ms. Dawson's return to the workplace, only acting after Ms. Brooks filed a complaint.
These events left Ms. Brooks feeling humiliated and anxious, requiring therapy until at least September 2025. Her claim of victimization was unsuccessful.