A female firefighter who suffered sexual harassment and won a claim against Avon Fire and Rescue Service for sex discrimination and unfair dismissal is in line for an award of more than £55,000 according to a provisional remedy judgment.
The employment tribunal ruled in December 2023 that Sacha Acheson had been subject to direct sex discrimination, harassment on the grounds of sex, harassment on the grounds of sexual orientation, victimisation and unfair dismissal. The tribunal service published details of the reasons for the judgment in March 2024.
According to the judgment, Acheson, who is an ex-England rugby player, was subject to “persistent” derogatory and offensive comments from two managers at the service.
One boss offered her a promotion in return for sexual favours, and after she declined she was subsequently unsuccessful in an application. She raised a formal grievance, but there were delays in the process and the person she alleged had made the comments was only suspended shortly before his retirement.
Workplace harassment
She told the tribunal that the workplace culture at the service was openly misogynistic and discriminatory, detailing conversations where two colleagues were showing each other photos of ex-girlfriends and being derogatory, or discussing the fact they had cheated on their wives.
When she challenged her colleagues, Acheson was told that she was “in the wrong job” if she could not handle sexist behaviour. Colleagues also frequently used the term “fireman” rather than “firefighter” and refused to correct themselves if she brought this up.
In 2021, one of the managers told colleagues that he and Acheson had watched pornography together and that this had been a “bonding moment”. She told the court that he had moved uncomfortably close to her, put his arm around her and touched her to infer an intimate relationship.
Other claims made by colleagues heard by the tribunal included that she was lazy, withdrawn and quiet, that a female colleague would “not be seen again” for three years because she was pregnant, and that another female colleague should have been “in the kitchen” instead of the gym.
In upholding her claim for harassment based on sexual orientation, the tribunal heard that Acheson, who is openly gay, was asked “Do men do it or not for you sexually?” in relation to another colleague, and endured homophobic comments about the international gay rugby team.
Acheson resigned in 2022. The judge ruled that she had been subject to constructive dismissal, stating: “Even if the events alleged to constitute direct discrimination and/or harassment and/or victimisation are not upheld as acts of discrimination, they are individually or cumulatively capable of amounting to breaches of the implied term.”
Speaking in December, Avon Fire and Rescue Service chief fire officer Simon Shilton said: “I would like to reassure our communities and our staff, I have never been so resolute in ensuring any poor behaviours that are not in line with our values are appropriately addressed.
“We have a zero-tolerance approach to poor behaviour, underpinned by a dignity and respect policy. There is always more to be done to tackle and improve the culture. While we cannot fix the past, we are focused on improving current staff experiences and ensuring a supportive and inclusive organisation where our staff can thrive, and we maintain the public’s confidence in us as a service.”
A provisional remedy judgment, published this week, has concluded that Acheson should be awarded £17,000 for financial loss and £35,000 for injury to feelings. There was also a basic award for unfair dismissal of £2,280 agreed by both parties and a £500 compensatory award for loss of statutory rights.
The amount Avon Fire & Rescue has to pay could be increased further when interest on past earnings is considered in a final remedy, and further still if the claimant pursues claims for pension loss and personal injury.
This article was originally published on 6 March 2024 and updated on 26 September 2024 after the employment tribunal published its provisional remedy judgment.
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