Female head sexually harassed ‘fit’ male junior
Judge rules inappropriate comments by senior women to younger men have ‘no place’ at work
A FEMALE head teacher sexually harassed a male teaching assistant by saying he looked “fit” in Speedos, a tribunal heard.
Inappropriate comments by senior women to younger men have “no place in the modern workplace”, an employment judge ruled after hearing the case of school worker Nikoloz Papashvili.
Such remarks should be liable to scrutiny in the same way comments made by older men to young women are, he said.
Mr Papashvili became the subject of staffroom “banter” when colleagues laughed at sexual innuendos made by head teacher Shelagh O’shea, an
employment tribunal heard. Mrs O’shea signed off emails to the teaching assistant with a kiss and said she wanted him to “meet the parents”.
Mr Papashvili took Belvue School in Ealing, west London, to an employment tribunal after he was dismissed for “skiving” off work to go on a summer holiday to Croatia.
The tribunal ruled in his favour for claims of sexual harassment and unfair dismissal, concluding the investigation that led to him being fired was “profoundly unfair”.
Mr Papashvili has won £9,309 and the tribunal has revoked an anonymity order that prevented Mrs O’shea and Belvue School being identified.
The hearing in Watford heard Mr Papashvili was sexually harassed by Mrs O’shea on seven occasions over two years, from 2017 to 2019.
“The consistent theme in these allegations was Mrs O’shea remarking upon (Mr Papashvili’s) supposedly fit body and his Speedos”, a tribunal judgment said.
Mr Papashvili claimed he had been “used and abused” by the head teacher who had made “unwanted sexual advances” and, in June 2020, told him she wanted to take him to “meet the parents”.
The school’s caretaker said he and other members of staff “teased” Mr Papashvili about the head teacher’s “remarks and innuendos”.
The hearing in Watford was told Mr Papashvili did not raise sexual harassment concerns until late 2020, when he faced disciplinary proceedings.
It was heard in March 2020, Belvue School closed for most students but staff were told they had to attend the secondary school during the final week of term, irrespective of what the rota said – despite Mr Papashvili scheduled to be off.
As a result, he asked to take his holiday early so he could visit his parents in Georgia for his birthday – a request which was denied.
The tribunal heard the head teacher then discovered Mr Papashvili had gone to the pub for “leaving drinks” before “setting off on a European tour” with his girlfriend the next day.
Mrs O’shea requested to see him however Mr Papashvili called in sick, claiming he had Covid symptoms.
Mrs O’shea said it was “unacceptable” and launched disciplinary proceedings, but the tribunal found it was unclear what was being investigated.
The tribunal found the school had already “drawn a conclusion” by calling his behaviour “unacceptable”.
He was sacked in December 2020. At the latest compensation hearing, Judge Tobin said the Speedo comments were unacceptable.
“Language and attitudes to colleagues change over time and comments that might have been acceptable in a workplace 30 or 40 years ago are no longer justifiable or tolerated.”
Mr Papashvili’s compensation was reduced after the tribunal found he had told multiple lies, including wanting to go to Georgia and about having Covid.