A student has won more than £5,000 after her boss gestured to put a banknote down her cleavage on a boozy work night out, an employment tribunal heard.
Bar worker Freya Pealing felt ‘objectified’ and ‘humiliated’ by her manager Alex West who declared ‘I’m not your colleague tonight’ during the staff night out.
Miss Pealing said she felt ‘uncomfortable’ when Mr West motioned to put a banknote down her cleavage.
She successfully sued the owners of Resident X in Aberdeen where she and Mr West worked for for sex harassment and sex discrimination.
The tribunal in Aberdeen was told Miss Pealing began working at the neon-themed bar and food hall in December 2022.
At the end of January 2024, staff at Resident X were treated to a night out at a pub by owner Andrew Eagar to celebrate a busy festive period.
During the night Mr West, pulled up a stool, sat down beside Miss Pealing and commented: ‘What happens on a staff night out stays on a staff night out’.
Mr West also stated ‘I’m not your colleague tonight’ to the university student.
The tribunal judgment said: ‘We were not persuaded that this was directed only at Miss Pealing but she said the comments made her feel uncomfortable.
‘Zuzanna Herchel, one of the managers, stood up from the table to go to the bar to get another round of drinks for everyone.
‘Mr West proceeded to take money from the ‘kitty’ to give her. At that point, Miss Pealing held out her hand and said ‘where’s mine.
‘Mr West said, ‘How could I forget, here’s yours’ and gestured to put a banknote down Miss Pealing’s cleavage.’
The tribunal heard that Miss Pealing pulled away and put her hands up after the comment was made before Mr West apologised.
When Mr West left the table Miss Pealing commented to her colleagues that she felt ‘humiliated, embarrassed and objectified’.
Miss Pealing said: ‘I felt that if I left it would have drawn unwanted attention to the incident. I was humiliated. I knew if I left it would be the topic of discussion.’
Days later Miss Pealing lodged a complaint and refused to work with Mr West.
Mr Eagar, investigating the complaint, said he took it ‘seriously’ but dismissed her grievance because he claimed as it happened on a work night out it was not a work-related issue.
Miss Peling did not take any more shifts and the bar stopped trading in September 2024.
Upholding her claims against Resident X’s parent company, The Croft, Employment Judge Nick Hosie said: ‘There was no doubt, on the evidence, that Miss Pealing was treated less favourably because of her sex, which is a protected characteristic.
‘Mr West would not have treated a man the same way.
‘The less favourable treatment of Miss Pealing was motivated by the fact that she was a woman. That was the reason why Mr West treated Miss Pealing the way he did.
‘While there was no physical contact, what Mr West did was unwanted by Miss Pealing and, by its very nature, it was clearly conduct of a sexual nature which violated Miss Pealing’s dignity and humiliated her
‘It was only a gesture by Mr West, but a distasteful and offensive one, nevertheless.
‘Miss Pealing also spoke of losing sleep, having difficulty in social settings, a fear of meeting her work colleagues and missing University classes.