Gossip about pregnant employee was sexual harassment

In Nixon v Ross Coates Solicitors [EAT/0108/10], Ms Nixon slept with Mr Wright, a work colleague, on the night of their employer's Xmas Party in 2007.

In early 2008, after Ms Nixon had confidentially informed her employer that she was pregnant – she complained (in writing) that Ms O’Hara, the HR manager, was spreading gossip about whether Mr Wright was the father of her baby.  Ms Nixon suggested working at another office in order to avoid Ms O’Hara.

The employer responded by asking Ms Nixon to return to the office - and suggested that she could make a formal complaint about Ms O’Hara when she returned to the office.

Ms Nixon resigned and successfully claimed that she had been constructively dismissed. The EAT said that the employer had breached the implied term of trust and confidence - because it had failed to deal with Ms Nixon’s complaint - and insisted that she should return to a workplace that had become offensive to her.

The EAT added that the gossip about whether Mr Wright was the father of Ms Nixon’s baby was sexual harassment. The gossip was unwanted conduct that was related to Ms Nixon’s pregnancy and the pregnancy was related to her sex.