A tribunal has dismissed a sexual orientation discrimination claim filed by Mary Coulter, an IT service desk analyst at the Scottish Police Authority, after determining her behavior towards her line manager was inappropriate and “verging on stalking.”
Coulter alleged she was treated unfairly because of her sexual orientation after she was reassigned to a different team following a series of messages and gifts sent to her manager, T McCabe. The tribunal found, however, that her employer’s actions were justified and unrelated to her sexual orientation.
The Allegations
Coulter, who began working for the authority in July 2021, initially praised her manager, describing her as “kind and lovely” and saying she felt supported in her role. However, the relationship became strained as Coulter’s messages to McCabe grew increasingly personal and suggestive.
From February to June 2022, Coulter sent numerous messages to McCabe that expressed admiration and hinted at romantic feelings, including:
- “You’ve got me, you really have, like no other manager/employer has ever managed.”
- “If you ever wanted company, drink, dinner, or whatever, I’d show up to collect you.”
- Asking McCabe if she would date her “if [Coulter] got a sex change and was six or seven years younger.”
The tribunal heard that McCabe initially tried to address the behavior informally. When Coulter apologized, she attributed her messages to being drunk. Despite this, the messages continued.
The Escalation
Coulter’s actions extended beyond the workplace:
- She sent a card, red roses, and a teddy bear to McCabe’s home address, which she had discovered through social media.
- The teddy bear included a tag reading: “Hello! My name is Leonardo. Please love me as much as I love you.”
- Coulter sent a holiday message saying, “Dinner, wine, and you?” followed by a declaration that she had to ask McCabe out before she “internally exploded.”
McCabe described these actions as alarming and invasive, stating that she felt “frightened” Coulter might visit her home. McCabe eventually took a leave of absence due to stress, citing Coulter’s behavior as a contributing factor.
Employer’s Response
The Scottish Police Authority initiated an informal disciplinary process, asking Coulter to stop her behavior. They later reassigned Coulter and other colleagues to a different manager, citing both her actions and operational needs.
Despite Coulter’s claims that the reassignment would “completely flatten” her, the tribunal supported the employer’s decision, noting it was a reasonable step to address workplace harassment.
An HR review determined that Coulter’s behavior constituted harassment and arranged a meeting to ensure she understood its impact and avoided future incidents.
Tribunal’s Findings
The tribunal rejected Coulter’s claim of sexual orientation discrimination, ruling that her employer acted appropriately to protect McCabe’s wellbeing and maintain workplace standards. Judge Mackay stated that the employer’s actions were clearly a response to Coulter’s behavior, not her sexual orientation.
Lessons for Employers
The case highlights the importance of clear policies on workplace harassment and stalking:
- Proactive Measures: Employers should establish robust harassment policies and train staff to recognize and address inappropriate behaviors before they escalate.
- Fair and Transparent Processes: All allegations of harassment should be investigated thoroughly, with actions aligned to organizational policies and employment law.
- Support for Staff: Organizations should ensure employees involved in such cases have access to resources and, if needed, referrals to specialist services.
Adam Morris, employment lawyer at Wright Hassall, emphasized the need for vigilance:
“Employers are legally obligated to prevent harassment, including stalking, which creates an intimidating or degrading environment.”
The Suzy Lamplugh Trust, a stalking charity, also advises employers to maintain a clear reporting system and ensure all complaints are handled with sensitivity and professionalism.
This case serves as a reminder that inappropriate workplace behavior must be addressed promptly and effectively. While the dismissal of Coulter’s claim affirms the employer’s actions, it underscores the broader need for clear workplace policies to foster a safe and respectful environment for all employees.
