An employer who told a woman that sexual advances from a Spanish colleague were just cultural differences has been ordered to pay her £24,000 compensation.
The woman, who has not been named, worked for Lincolns Care Ltd, supporting people with mental health and learning disabilities.
While she was at work, a colleague, Juan Jose Guera Landazuri, tried to kiss her. She put it down to cultural differences and dismissed it from her mind.
However, two days later, he tried to kiss her again by grabbing her face and attempting to put his tongue in her mouth. On other occasions he ran his hands across her back and touched her bottom and her breast. He also asked questions about her sex life.
The woman complained to her employer but was told the incidents were down to cultural differences and she should simply push him away.
She then reported Landazuri to the police. Their investigations showed that he was a convicted sex offender.
The woman was so upset she signed off sick. She then decided she could no longer continue working alongside Landazuri and so she resigned.
She brought a claim of sex discrimination against Lincolns Care. The Employment Tribunal ruled in her favour, saying the company was vicariously liable for the sexual harassment carried out by Landazuri.
She was awarded £24,103 as compensation for injury to feelings and loss of earnings.
Landazuri has since been deported.
Please contact us if you would like more information about the issues raised in this article or any aspect of employment law.