Case law | Acheson vs. Avon Fire and Rescue Service
Ms. S. Acheson, employed by Avon Fire and Rescue Service, was found to have been subjected to direct sex discrimination, harassment on the grounds of sex and sexual orientation, victimisation, and unfair dismissal.
Background
After a successful career as a rugby player for England, Ms. Acheson joined the Avon Fire and Rescue Service and trained as a firefighter. Throughout her career, she faced persistent derogatory and offensive comments.
The acts of discrimination referenced in the tribunal hearing included:
- Being offered a promotion in return for sexual favours. When she declined, her application was unsuccessful. A formal grievance was raised, but despite delays, the perpetrator was only suspended shortly before his retirement.
- The workplace was openly misogynistic and discriminatory. Male colleagues routinely showed each other photos of ex-girlfriends and discussed cheating on their wives. When Ms. Acheson challenged their conduct, she was told she was in the wrong profession if she couldn’t handle their behaviour.
- Colleagues frequently used the term “fireman” instead of “firefighter” and refused to correct themselves when she brought it up.
- In 2021, a manager told colleagues that he and Ms. Acheson had watched pornography together, describing it as a “bonding moment.” She testified that he had moved uncomfortably close to her, put his arm around her, and touched her to imply an intimate relationship.
- She was routinely told that she was lazy, withdrawn, and quiet. Comments were made about female colleagues “not being seen again” for three years because they were pregnant. Female colleagues were told they should have been “in the kitchen” instead of the gym.
- As an openly gay woman, Ms. Acheson was asked inappropriate questions about her sexuality and endured homophobic comments about the international gay rugby team.
- Given the behaviour she endured, Ms. Acheson felt she had no choice but to resign, ultimately ending her firefighter career.
Judgment
At the tribunal hearing, 10 employees advocated for Ms. Acheson. Normally, the number of witnesses would be limited, but given the seriousness of the claims, this was permitted.
Ms. Acheson was praised for her bravery in exposing what was perceived as systematic sexual harassment within the fire service industry.
Her claims of sex discrimination were upheld, and the Judge further 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.”
This case, decided prior to the new preventative duty, highlights how organisations will be held accountable for their behaviour, with an increased focus on sexual harassment leading to potentially heftier fines in the future.
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.
