Security Officer Harassment Case: What It Reveals About Protected Characteristics in the UK

In CL v Mitie Limited, a former security officer has been awarded nearly £69,000 after facing harassment at work due to sex, age, and race. The employment tribunal ruled in her favour, stating that the unfavourable treatment resulted from protected characteristics in the UK.

In our latest article, we examine exactly what happened and discuss the tribunal’s judgment. We then establish what protected characteristics are in the UK, and the steps individuals can take if they face workplace discrimination or similar unfavourable treatment.

If you believe your employment rights have been breached, contact Redmans Solicitors now. As specialists in the sector, we can discuss your case, answer your questions, and provide expert advice on your options.

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The Facts in CL v Mitie Limited

Protected Characteristics in the UK: Case Background

“The Claimant,” referred only to as “CL” by the employment tribunal, began working as a security officer for Mitie Limited (“the Respondent”) at Southampton University Hospital NHS Trust in July 2023. She worked between two teams and was described as being “excellent at her job, particularly good at de-escalating difficult situations.”

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Unfortunately, during her employment, the Claimant felt forced to raise several complaints about the way in which colleagues were behaving. During the proceedings, she explained how, among other things, she:

• Was persistently called “mummy,” a reference to both her sex and age
• Faced repeated jokes about her height
• Was ostracised by male colleagues, in that they would ignore her when she greeted them
• Often heard sexist language, such as “all women and money are evil”
• Witnessed a colleague refer to a Chinese doctor as a “Chinese c*nt”

After raising her complaints, the Claimant felt unable to return to her role. The Respondent consequently offered alternative roles elsewhere, but the Claimant found them unacceptable. In particular, she couldn’t believe that it’d been suggested that she return to work with the very people she’d complained about.

As such, on 10 November 2023, the Claimant told the Respondent, “I am now resigning and will go to an employment tribunal.” The Respondent succeeded in getting the Claimant to reconsider this decision. But after the way she was treated, she officially confirmed her resignation on 21 November.

She subsequently presented her case to the employment tribunal on 21 January 2024. Among her claims, she alleged discrimination and harassment on the basis of her protected characteristics in the UK.

The Employment Tribunal’s Judgment

During the proceedings, the Respondent contended that the Claimant’s complaints related to workplace “banter” in which she had participated. However, after considering the available evidence, the tribunal favoured the Claimant’s version of events.

As such, it turned to her harassment at work claim. Under UK law, harassment concerns unwanted conduct relating to a protected characteristic that has the intent or effect of violating someone’s dignity or creating a humiliating or offensive environment for them.

The tribunal first looked at the Claimant’s complaints. It found that the “mummy” name, ostracism, and sexist and racist language were all related to protected characteristics, as they concerned age, sex, and race. Since these incidents were clearly unwanted by the Claimant, and the tribunal deemed they violated her dignity or created an offensive environment for her, the claim of harassment was therefore upheld.

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While the rest of her claims were dismissed, the Claimant’s successful harassment claim proceeded to a remedy hearing to determine her compensation. During the subsequent hearing, she was awarded £68,885.32, comprising £28,200.14 for financial losses and £40,685.18 for injury to feelings. 

What are Protected Characteristics in the UK?

Under the Equality Act 2010, individuals are protected against unfavourable treatment because of their protected characteristics. Unfavourable treatment can arise in the form of direct or indirect discrimination, harassment, or victimisation. Meanwhile, protected characteristics in the UK include:

• age
• disability
• gender reassignment
• marriage and civil partnership
• pregnancy and maternity
• race
• religion or belief
• sex
• sexual orientation

If an individual faced discrimination, victimisation, or harassment at work because of their protected characteristics, they may be able to bring an employment tribunal claim. Notably, even if an employer isn’t guilty of unfavourable treatment, if it fails to take all reasonable steps to prevent such conduct, it could still be vicariously liable.

What to Do if Your Employment Rights are Breached

If an individual believes they’ve faced workplace discrimination because of their protected characteristics in the UK, they should act quickly to seek justice. Bringing an employment tribunal claim may be a last resort, but doing so requires strict adherence to time limits.

In the first instance, individuals affected should consider internal dispute resolution channels. Depending on the circumstances, having an informal chat with one’s manager or raising a formal grievance may be appropriate. While both options offer the chance to resolve the matter without formal escalation, the second imposes additional legal obligations on the employer regarding how it handles it.

Should internal avenues fail to provide a satisfactory outcome, though, the next step is usually to initiate early conciliation with Acas. This free and independent process is required before most tribunal claims can be brought and offers another opportunity to resolve the issue without legal action.

However, where all else fails, the last step is to bring a claim to the employment tribunal. As mentioned, strict time limits and eligibility criteria apply. But if the claim is successful, compensation, among other remedies, could be awarded.

Workplace Discrimination: Get Help with Redmans

If you believe you have faced unfavourable treatment based on your protected characteristics in the UK, contact us. Redmans Solicitors is here to help. Following a brief consultation, our team of employment specialists can answer your queries and discuss your possible steps moving forward.

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To get started on your journey with us today, simply:

• Call us on 020 3397 3603
• Complete our online form to request a callback