Zero Hours Worker - Large pay out for injury to feelings
The recent election highlighted the issue of zero hour workers and how they can easily be subject to exploitation. This remains a hot topic as a tribunal has awarded a zero hours worker compensation of £19,500 for injury to feelings due to harassment by her line manager - who asked intrusive and offensive questions about her sex life.
The Judge found that the Defendant hotel’s grievance investigation was poor and that the Claimant was threatened with losing shifts.
The hotel could not rely on the statutory defence that it had taken all reasonable steps to prevent the harassment from occurring. Further, given that Ms Southern was a zero hours worker and the harassment was from her line manager, she was in a very vulnerable position and the action was a clear abuse of power.
The finding is not surprising given the seriousness of the harassment and the inadequate nature of the investigation. However, the size of the award for injury to feelings is significant and took into account not only the nature of the offence but also Ms Southern’ s vulnerability as a zero hours worker.
(Ms Southern v Britannia Hotels Ltd and another ET/1800507/14)
Posted on 06/02/2015 by Ortolan
