Building company responsible for rape of employee

According to a tribunal ruling, a building company has been held responsible for the alleged rape of an employee by her manager following a work Christmas party. The employment judge determined that the firm had a duty to protect the victim, as the party took place on a working day and staff could claim expenses for travel and accommodation to attend.

The tribunal highlighted incidents at the November 2019 party in central London that preceded the alleged rape, including the manager reportedly groping another female employee. The judge stated that these events called for decisive action from senior colleagues, but instead, the victim was left to "fend for herself," particularly considering her intoxicated state.

As a result of the ruling, the married woman, whose identity is protected for legal reasons, is eligible for compensation for sexual harassment.

During the hearing in Cambridge, it was revealed that the woman had been working at the same site as the manager. The party began at 1 pm, and drinks were pre-paid at the Piano Works bar. The victim stated that the manager started showing attention to her throughout the night, always seeming to be nearby. Later on, while intoxicated, she was seen leaving the party with him.

The tribunal heard that she mistakenly placed her trust in the site manager, leading her to get into a taxi with him. He made an unwanted advance by attempting to kiss her, and she allowed him to accompany her back to her hotel, where the alleged rape occurred.

The tribunal concluded that she did not consent to any form of sexual activity with him and lacked the essential capacity to provide consent in her intoxicated state.

After taking time off work, the victim reported the attack to her husband, the police, and her employers. The manager was suspended during the investigation and later dismissed due to his behavior towards the other woman at the party.

The victim's mental health seemingly deteriorated, and she eventually resigned. The Crown Prosecution Service informed her that there was insufficient evidence for a criminal conviction, prompting her to take the case to tribunal.

The firm argued that it should not be held responsible, but Judge Roger Tynan determined that the events occurred "in the course of employment."

The amount of compensation will be decided at a later stage, while the claim of discrimination was rejected.

The Johnson Partnership

Nottingham Solicitors

01159 419141