Boss told young Calor Gas employee he knew what bra she was wearing

Tribunal: The findings in Ms McCall's case were released this week.

A 61-year-old boss told a young woman working for him he knew what type of bra she was wearing.

Sarah McCall, 22, who worked for Calor Gas, which manufactures bottled gas, has won more than £8000 in an employment tribunal over the conduct of her former boss Jim Anderson.

The tribunal heard Mr Anderson asked her to take her jacket off so he could see her chest and asked her to give five reasons why they should not be together, citing rock band The Rolling Stones as an example of elderly men able to attract women in their 20s.

He was also seen by her waiting in his car outside her boyfriend's house.

The hearing was told Mr Anderson asked if she was going out at the weekend dressed as a "slut" and told her to "never cross an Anderson".

Following a tribunal in Glasgow, employment judge Raymond Williamson ruled Ms McCall had been unfairly constructively dismissed and awarded her £8292.

In a written judgment he said: "The tribunal was surprised that given the resources available to the respondent no investigatory interview of the claimant with one of the respondent's HR officers - all of which are female - in attendance into the claimant's allegations of sexual harassment took place."

Mr Williamson added: "The tribunal was more than satisfied that Calor Gas without reasonable and proper cause conducted itself in a manner calculated or likely to destroy or seriously damage the relationship of trust and confidence between employer and employee." The judge noted he was satisfied with the truthfulness of Ms McCall's evidence and of her parents and regarded it as reliable on essential matters.

The tribunal heard Mr Anderson had recommended that Ms McCall be employed on a permanent basis after she joined the company temporarily from an agency. After this happened his attitude towards Ms McCall changed and he made it clear that she had him to thank for getting the job and made her feel she owed him something in return.

He made the inappropriate comments and began treating her differently, acting moody and unpleasant. She was often blamed for things that were not her fault. The tribunal was told that Ms McCall spoke to Mr Anderson's line manager William Delaney about the problems at work.

Complaints

He told her to ignore because she "knew what he was like" and it would be worse if Mr Anderson found out a complaint had been raised. On one occasion Mr Anderson refused Ms McCall a request for her to have time off and told her he did not need to give a reason for it forcing her to get them authorised by someone else.

She was then told off for going behind his back and ignored her in the office for two days. Ms McCall collapsed at work on two occasions in September 2009 and was diagnosed as having severe and sudden headaches known as thunderclap headaches, caused by stress.

Eventually, she decided to leave to take up employment elsewhere but was persuaded to stay by being given a substantial pay rise.

The hearing was told she thought this would make her boss change his behaviour towards her but nothing did. In July 2010 she handed in her resignation, unable to continue working under the conditions she had to put up with.

She was then told that Mr Anderson would not be coming back to work and she agreed in August of that year to return.

However, Calor Gas had been continuing investigations into their long-standing employee of more than 30 years and he was suspended on full pay. During the course of their investigations Mr Anderson was found to have been bullying a 16-year-old fitter.

It was also reported while he was suspended, Mr Anderson was seen by Ms McCall waiting in his car outside her boyfriend's house. He was given a final written warning in September and it was agreed he would return to work.

Before he started back, Ms McCall reported a "heavy breathing" phone message left on her work's answer phone and was told at this point Mr Anderson would be returning. She left in tears having only returned to work because she believed she would not need to work with him anymore - she was then signed off with stress.

It was never discovered who left the answer phone message. Ms McCall was invited to a meeting to "discuss the outcome of her grievance" although was steered away from discussing her problems and Mr Anderson's behaviour. Mr Anderson was subsequently sacked for an unrelated reason.

Ms McCall decided to resign from her post saying "I consider Calor Gas has done nothing positive to release me from my continuing stress and ill health and have failed to give me the confidence to return to work in a safe environment free from harassment and bullying."

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