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A former security guard at a Covid-19 vaccination centre operated by a Chester pharmacy is to receive compensation after an employment tribunal found she experienced harassment related to her sex.  

The Liverpool employment tribunal recently published its reserved judgment following an October hearing initiated by a female Romanian national who worked at Vicars Cross Healthcare on a fixed-term contract from August 2022 until March 31, 2023.  

The tribunal found that in sending a GIF with the words ‘Bitch I am lying’ in a group chat in a message directed at the claimant on March 12, 2023, a pharmacist manager named as second respondent in the hearing had perpetrated actions that amounted to harassment related to the claimant’s sex. 

The pharmacist sent the message after the claimant had texted the group to remind staff members of tasks that needed to be completed. The pharmacist had first texted “already sorted” before sending the GIF and adding “But I will sort,” followed by a laughing emoji. 

Employment judge Jennifer Ainscough wrote: “During his evidence, the second respondent informed the tribunal that he was gay and that the word ‘bitch’ was commonly used in this community.

"The second respondent said it was a joke between friends about work he had not done and had been caught out not doing."

The tribunal accepted that the message was not sent with the purpose of violating the claimant’s dignity or creating an “intimidating, hostile, degrading, humiliating or offensive environment” for her.

However, it noted that the message was sent two days after the claimant was upset by hearing volunteers make offensive remarks about her in which they compared her behaviour to Russian president Vladimir Putin. The tribunal concluded that in that context it was reasonable for the GIF to have the effect of creating a hostile environment for her.

A separate allegation of sexual harassment was also upheld with regard to an incident in which two male vaccinators allegedly made comments of a sexual nature regarding social media pictures of female colleagues.

The tribunal concluded that the two men “knew the claimant was in the other room and could hear what they were saying”. 

The tribunal found the comments heard by the claimant were “unwanted and unwelcome,” with judge Ainscough adding: “Whilst the conversation was between friends and the purpose of the conversation was not to create or violate the claimant’s dignity or create an intimidating, hostile environment for her, it had that effect which was reasonable.”

A number of separate allegations brought by the claimant were not upheld, including complaints of direct racial or sexual discrimination, victimisation by the pharmacy owner and a claim that she had suffered detriment after making a protected disclosure.

A remedy hearing will take place at Liverpool Civil and Family Court on March 12-13 this year. 

The company, which was found to be vicariously liable for the complaints that were upheld by the tribunal, told P3pharmacy: "Vicars Cross Healthcare Ltd is committed to ensuring our employees are treated with dignity and fairness in the workplace. 

"With regard to the case we are currently reviewing our options with our legal team."

Related: NHS pharmacist wins four-figure sum from employment tribunal

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