M Davies v White Doves Garages Ltd
“It’s not harassment, it’s only banter”
In M Davies v White Doves Garages Ltd 2025, offensive jokes overheard at work were deemed to be acts of sexual harassment.
What happened?
- Matthew Davis was working as a Car Sales Executive.
- He reported that colleagues regularly made inappropriate jokes about women, race, sex and sexual orientation at work.
- The jokes and comments were not said to Davies directly, he overheard them while in a communal area of the office.
- Davies was uncomfortable with this and reported the overheard comments and jokes to the respondent.
- Davies resigned shortly after, bringing a claim for harassment related to sex, race, and sexual orientation.
- He also brought claims for victimisation, public interest disclosure detriment and a notice pay claim.
The claim went to tribunal.
The tribunal held that Davies had been harassed under The Equality Act 2010 s.26.
Davies being within earshot of the conversations was sufficient as the conduct had the effect of creating an offensive environment.
The tribunal found that Davies was “entitled to not want to hear that type of language and conversation in the workplace”.
Why does this matter?
This case highlights the importance of training for employees; harassment can occur even when the conduct is not directed at the individual who brings a claim.
What can HR do to prepare for this?
- Keeping employees up to date on harassment training minimises the chance of claims and liability of the company.
- Update policies! Sexual harassment is unwanted behaviour of a sexual nature and does not need to be related to a protected characteristic for a successful claim.
- Listen to grievances when they are raised and take appropriate steps if necessary to avoid potential claims.
Need help?
Prevent potential claims by making sure employees receive the right training. The cheapest claim is no claim at all. Yoga HR can help! It provides courses that are engaging, stretching and relevant thereby helping organisations to grow, to become leaner, calmer and more mentally flexible. Courses employees want to sit. Get in touch today at enquiries@yogahr.co.uk or call 01780 918 128.
But if you need legal help, at PJH Law we specialise in Employment Law, feel free to call our office on 01780 757589.
