'Open earshot' | Staff who overhear sexual comments can be victims of harassment, tribunal rules

An employment tribunal has ruled that an employee who overheard colleagues making sexual remarks at work was subjected to unlawful harassment, even though the comments were not directed at him.

The ruling came in the case of Mr M Davies, who alleged harassment, victimisation, wrongful dismissal and detriment linked to whistleblowing, while working briefly as a sales executive for White Dove Garages in April 2024.

The tribunal dismissed most of the claims, but upheld several complaints of harassment, finding that conversations between sales staff crossed the line into unlawful conduct.

The panel said: “That someone who hears it may take offence to it is the risk you take by choosing to have that kind of conversation in open earshot in a workplace”.