New Dad Harassed by Colleagues After Taking Paternity Leave
A new father has won a landmark employment tribunal case after facing harassment from colleagues who disapproved of his flexible working arrangements following the birth of his daughter.
Courtney Rawlins, a delivery driver for DPD, had his working hours adjusted to allow him to spend more time with his child. However, his colleagues reacted negatively, gossiping about his new schedule and making derogatory comments. This created a hostile work environment for Rawlins, who ultimately resigned.
The tribunal found that the “gossip” and negative comments constituted sex-based harassment, as it was unlikely that similar treatment would have occurred if a female colleague had adjusted her hours for childcare purposes.
A Warning to Employers
This case serves as a stark reminder for employers to:
- Create a workplace where all employees feel valued and respected, regardless of their gender or family responsibilities to promote a culture of respect and inclusivity
- Clearly communicate and enforce policies that prohibit discrimination and harassment based on gender, sex, and any other protected characteristic
- Train managers and employees on workplace harassment, including how to recognise and respond to discriminatory behaviour
- Take all complaints of harassment seriously and conduct prompt and impartial investigations
- Ensure that employees who return from parental leave are fully supported and that their working arrangements are respected.
This case highlights the importance of creating a supportive and inclusive workplace for all employees, particularly those who are balancing work and family responsibilities.
Similar Cases
While this case is significant, it is not the first time UK courts have addressed issues related to workplace harassment and discrimination based on parental leave. Other notable cases include:
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Snell v Network Rail
This was the first case on shared parental leave discrimination. The tribunal awarded a father compensation for his employer’s refusal to pay him the same rate as his wife for shared parental leave.
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Ali v Capita Customer Management
This case involved a father who was paid statutory pay for shared parental leave, while his wife was paid more for maternity leave. The tribunal ruled that this was unlawful.
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Mrs E Fray v Secretary of State for Justice
This case involved a woman who was denied Occupational Maternity Pay (OMP) after becoming pregnant while on an unpaid career break. The tribunal dismissed her claim of indirect sex discrimination.
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Heather Todd v 52 Street Event SuppliesThis case involved an account manager who was dismissed after maternity leave. The tribunal awarded her compensation for pregnancy and maternity discrimination, unfair dismissal, and arrears of wages.
These cases underscore the need for employers to be vigilant in preventing and addressing any form of discrimination in the workplace.
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