Obiagwu v. Greystoke and Pantheon International Advisors Ltd

Sexual harassment: An executive has successfully brought a claim of sexual harassment after her significantly older and more senior colleague was found to have acted inappropriately during an overseas business trip. Following a client dinner where alcohol was consumed, the claimant was invited to her colleague’s hotel room for a post-dinner debrief. It was there that the claimant alleged she was subjected to sexually inappropriate touching and comments. The male colleague, who was named as a respondent alongside their employer, denied any wrongdoing and accused the claimant of lying.

However, the Employment Tribunal (ET) found the claimant’s account to be more credible. This case highlights the difficulties in resolving “he said/she said” allegations where there are no witnesses and demonstrates how even a single incident can result in employer liability.

Although the events occurred before the introduction of enhanced obligations on employers to take reasonable steps to prevent sexual harassment, the case serves as a valuable reminder that factors such as seniority, power dynamics, alcohol consumption, and off-site work events can heighten the risk of sexual harassment findings being made. Employers should consider these risks as part of their overall risk assessment and take proactive steps to prevent such incidents.