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Ms. McCann, a former employee of a DIY Company, was recently awarded €7,000 in compensation by the Employment Appeals Tribunal after successfully proving she left on constructive dismissal. Ms. McCann submitted to the Tribunal that she had been forced to leave her job after she was subjected to inappropriate remarks from a male supervisor.

Since June 2007, she was employed as showroom manager in the Company and reported to a male store manager. Over the course of her employment, Ms. McCann was subjected to inappropriate sexual remarks from the male manager who actively encouraged her to “wear skirts with heels” and to use her body to advance her career. Their working relationship rapidly deteriorated and in November 2007, when she informed the manger of her pregnancy, he enquired as to “what she intended to do.” Ms. McCann understood him to mean was she planning to get an abortion.

After this incident, HR were contacted and a HR representative visited the workplace. The HR representative was shocked to hear about these remarks and informed the manager that it was dangerous to speak to a female colleague in such a manner. Nonetheless, the HR representative informed the claimant that the manager's comments were “honest”. Ms. McCann was never offered by HR the option of proceeding with a grievance procedure. Ms. McCann stated that she was constantly undermined by the manager as he would have the other managers evaluate her work. Eventually after a period of sick leave, she handed in her resignation in October 2008.

The EAT held that the employee had been constructively dismissed stating that the comments made by the manager were “entirely inappropriate”. However their decision was more influenced by the behaviour of HR, who never informed Ms. McCann of the grievance procedure available and never monitored the situation and effectively left Ms. McCann with no support. Ms. McCann was awarded €7,000 in compensation for the distress caused.

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