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In the case of Miss S Sasheva v All Techmart UK Ltd, the Claimant was subjected to multiple accounts of sexual harassment and sex discrimination by her manager and was awarded £17,607 in compensation.

 

The factual background of Miss S Sasheva v All Techmart UK Ltd

 

Miss Sasheva commenced her employment as an administrator at All Techmart UK Ltd (“All Techmart”) on 12 October 2020. She was not provided with any written particulars of employment or a written contract of employment. Miss Sasheva was the sole employee and worked alone in the office with Mr A Uddin, the manager and director of All Techmart. Miss Sasheva alleged that Mr Uddin would constantly stare at her while she worked and made her feel uncomfortable.

 

The first incident occurred n 3 November when the Claimant received 2 text messages from Mr Uddin in which he stated, ‘I wanna hump you‘ and ‘Love … when are we going to fuck’. Miss Sasheva then began to work from home more often as she was scared to be alone in the office with him. On 7 March 2021, Mr Uddin sent the Claimant another message, asking if she was alone. Shortly after this, she saw him hanging around her flat.

 

The final incident occurred later in March 2021 when Mr Uddin sent the Claimant a further message asking if she wanted to spend the night with him. Miss Sasheva told him he was harassing her and she wanted him to stop. Despite this, Mr Uddin attempted to call her numerous times until she blocked his number.

 

Miss Sasheva then reported the incident to the Police and resigned from her position at All Techmart. She also decided to move house on account of Mr Uddin having her address and the fact that she no longer felt safe coming and going. Miss Sasheva also found new employment three weeks after resigning from All Techmart.

 

Miss Sasheva alleged that due to the harassment she experienced from Mr Uddin she now feels nervous around male colleagues and struggles with feeling ashamed of what happened to her. She has been experiencing panic attacks roughly 3 times a week and struggled with nightmares in the period of time shortly after the incidents.

 

The decision of the Employment Tribunal

 

Sexual harassment

 

The Tribunal had to consider the effect Mr Uddin’s conduct had on the Claimant. Mr Uddin had subjected the Claimant to 3 separate incidents of sexual harassment that constituted a serious abuse of power and the impact of these incidents was increased because she was alone in the office with Mr Uddin. Furthermore, she had been forced to resign from her job and move house because of the distress, fear and anxiety she experienced due to the harassment. However, the Tribunal also considered that the incidents were effectively short-lived and did not include any touching. In conclusion, the Tribunal found that both All Techmart UK Ltd and Mr Uddin were guilty of harassing Miss Sasheva contrary to Section 40(1)(a) of the Equality Act by unwanted conduct relating to sex and of a sexual nature.

 

Learn more about sexual harassment here

 

Constructive Dismissal

 

The Respondents were also found to have directly discriminated against the Claimant because of her sex by constructively dismissing her.

 

Learn more about constructive dismissal here

 

Compensation

 

The Tribunal awarded Miss Sasheva a total of £15,000 for injury to feelings due to the sexual harassment and constructive unfair dismissal.

 

The Claimant was also awarded £645 for a loss of earnings and a further £860 for a Section 38 award as Miss Sasheva was not given a contract of employment upon commencing her role.

 

With added interest, the total award granted to Miss Sasheva was £17,607.76.

 

Our lawyers’ view on Miss S Sasheva v All Techmart UK Ltd

 

Rebekka Kreisz, a paralegal at Redmans comments on this case: “The facts of this case were truly shocking. Miss Sasheva was put in a position that most would be any woman’s worst nightmare and the way she handled it was truly impressive. I am delighted that she received the compensation she so rightful deserved. Mr Uddin’s attempts to take advantage of a woman in a vulnerable position were foiled by Miss Sasheva’s resolve. I am delighted that she received the compensation she so rightful deserved.”

 

The decision of the Employment Tribunal in Miss S Sasheva v All Techmart UK Ltd can be found here