A female Co-Operative Group lorry driver, Ms Charlotte Brooks, has successfully brought claims against the Co-Operative Group for harassment related to sex, harassment of a sexual nature and direct sex discrimination arising from a series of incidents involving a female colleague. Both employees joined the Co-Operative Group as apprentice lorry drivers in 2022 and began working together at around the same time.
Background
The issues began in June 2022 when Ms Brooks raised concerns to her line manager, Mr Alex Whitehouse about her female colleague’s behaviour. In response, mediation was arranged between the two employees on 4 July 2022. However, the mediation was unsuccessful, and relations between them continued to deteriorate.
The situation escalated later that month when Ms Brooks and her female colleague attended Class 1 C+E HGV training in Bristol. During the course, the colleague allegedly told driving instructors that Ms Brooks would perform sexual acts to “get what she wanted”. The comments were relayed back to Ms Brooks, who described herself as being “very upset and gutted”. She reported the incident to Mr Whitehouse, who suggested further mediation. However, Ms Brooks declined, believing it would not resolve the issue and feeling uncomfortable being around her colleague.
Ms Brooks subsequently alleged that the bullying and inappropriate behaviour continued over the following two years. Matters culminated in October 2024 when she received a covert voice note containing comments from her female colleague which included sexual and suggestive remarks, including allegations that Ms Brooks used her appearance to influence others.
On 19 October 2024, Ms Brooks submitted a formal grievance. Mr Adam Griffiths, appointed as grievance manager, interviewed the relevant parties and witnesses and concluded that inappropriate conduct had occurred between June 2022 and October 2024.
Following the grievance outcome, the Co-Operative Group commenced disciplinary proceedings. Mr John Rowan was appointed as disciplinary manager and, following a meeting on 11 December 2024, concluded that the colleague had admitted her conduct was wrong. Emphasising the Co-Operative Groups’ zero-tolerance approach to discrimination and harassment, Mr Rowan decided to summarily dismiss her employment with effect from 17 December 2024.
The colleague appealed the decision and Mr Bruno Krssak was appointed as appeal manager. Following an appeal hearing on 16 January 2025, Mr Krssak overturned the dismissal and substituted it with a final written warning. At the Employment Tribunal, he explained that the original disciplinary process was procedurally flawed because the employee had not been provided with all relevant information and much of the evidence relied upon was hearsay.
Ms Brooks was informed of the appeal outcome on 22 January 2025. She became concerned that no safeguarding measures had been considered or implemented before her colleague’s return to work. The decision caused her significant distress, and she was subsequently signed off work with stress-related illness between 29 January and 27 February 2025.
Employment Tribunal decision
The Employment Tribunal found that the female colleague’s conduct amounted to harassment related to sex, harassment of a sexual nature and direct sex discrimination. Before considering the substantive claims, the Employment Tribunal exercised its discretion to extend time for bringing the claims on a “just and equitable” basis. The Co-Operative Group was ordered to pay £19,042.39 in compensation for injury to feelings.
The Employment Tribunal was also critical of the way the Co-Operative Group handled the matter. Whilst it acknowledged the initial decision to dismiss the employee, it expressed concern that the appeal process failed to properly reflect the seriousness of the conduct and did not adequately consider the impact on Ms Brooks.
Particular criticism was directed towards the absence of any safeguarding measures following the appeal outcome. The Employment Tribunal considered the lack of planning around Ms Brooks’ welfare and protection to be a significant failing, particularly given the nature of the allegations and the decision to reintroduce the colleague into the workplace.
The Employment Tribunal further observed that the Co-Operative Group appeared to have underestimated the seriousness of the conduct because both the perpetrator and victim were female. It noted a perceived subconscious assumption that sexual harassment between two women was somehow less serious than harassment involving a male perpetrator and a female victim.
Lessons for Employers
This case is an important reminder that allegations of sexual harassment must be treated seriously regardless of the gender of those involved. Sexual harassment can occur between colleagues of the same sex, and employers must avoid assumptions which diminish the seriousness of such conduct.
The decision also highlights the importance of safeguarding complainants throughout grievance and disciplinary processes. Employers should consider appropriate risk assessments and protective measures, particularly where an employee accused of misconduct is returning to the workplace following disciplinary proceedings.
Importantly, it is not only the underlying misconduct that will be scrutinised by an Employment Tribunal, but also the employer’s response to it. Poor handling of complaints, investigations and appeals can expose organisations to significant legal and financial risk, even where initial disciplinary action has been taken.
Beyond legal liability, harassment claims can also have serious reputational consequences. Employment Tribunal judgments are publicly available and often attract media attention, potentially damaging brand reputation, employee confidence, staff morale and customer trust.
Employers should also be mindful of forthcoming changes to the law. Whilst employers are already under a proactive duty to take reasonable steps to prevent workplace sexual harassment, the Government has confirmed its intention to strengthen this obligation from 30 October 2026 under the Employment Rights Act 2025, including the reintroduction of third-party harassment provisions and raising the preventative duty from taking “reasonable steps” to taking “all reasonable steps”. Whilst further guidance is awaited, employers should be reviewing their policies, training programmes and reporting procedures now to ensure they are prepared for the increased obligations.
How we can help
At Herrington Carmichael, our Employment Team provides tailored and practical advice to help your organisation prevent harassment and manage workplace complaints effectively. We can assist your organisation with:
- reviewing and updating workplace policies including anti-harassment, EDI and grievance and disciplinary policies;
- delivering tailored training for managers and HR professionals in the prevention of harassment and discrimination;
- supporting with grievance and disciplinary investigations;
- assisting with the implementation of safeguarding measures and workplace risk assessments; and
- defending Employment Tribunal Claims and assisting with alternative dispute resolution mechanisms.
We also have an upcoming webinar on 20 August 2026 delivered by Jo Boxhall and Tom Hyatt. This practical webinar will explore capability processes in practice and how to manage poor performance with confidence, aiming to cover when capability processes are appropriate, how to manage dismissals fairly considering disability and reasonable adjustment considerations, as well as using a performance improvement plan effectively. Sign up for this free webinar here!
