Oziel v. Sainsbury’s Supermarkets

A store manager was awarded £60,000 in compensation for constructive unfair dismissal, whistleblowing, and sex discrimination after her employer failed to take her concerns seriously. The claimant was repeatedly subjected to foul and abusive language by a male colleague, who also expressed an intention to buy an imitation gun to threaten her (shortly after she had been caught up in a violent shoplifting incident).

The ET found that the employer failed to properly investigate her complaints, ignored the threat involving the imitation gun, wrongly blamed her for problems in her working relationship with her male colleague (who had Asperger’s), and failed to provide her with adequate support after the shoplifting incident. The ET was critical of the employer’s approach, highlighting the disparity in treatment between the two employees (the male colleague’s grievance against the claimant having been progressed) and noting a lack of training and guidance for the claimant in managing her colleague’s disability.

This case highlights the importance of taking all complaints seriously, conducting thorough investigations, treating employees even-handedly and providing appropriate support to employees who raise concerns.