Former JDW managerloses case

A former JD Wetherspoon manager, who didn't take action after a female pub worker reported being sexually harassed, has lost his claim for unfair...

A former JD Wetherspoon manager, who didn't take action after a female pub worker reported being sexually harassed, has lost his claim for unfair dismissal.

In March 2004, a female employee, who claimed a male worker touched her in an inappropriate way, contacted Damian Chafer, manager of JDW's Airside pub at Edinburgh Airport.

She said she asked Chafer, of Buchanan Crescent, Livingstone, to speak to the male worker, but no action was taken.

The male worker was suspended and when Chafer was questioned by JDW, he said he had been aware of the female worker's concerns for some time.

Chafer was told he should investigate and record possible incidents of harassment. He was dismissed for gross negligence at a disciplinary hearing, but he took the company to a tribunal as he felt JDW's actions were beyond "reasonable responses".

The tribunal said the dismissal was a "harsh penalty", but "within the band of responses open to an employer in ensuring that managers apply policies, designed for the protection of their workers, in a rigorous manner".

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