“Canteen culture” drives Preston woman to sexual discrimination triumph
20 February 2004
An employment tribunal found that a female Preston bus driver was sexually discriminated against by a male-dominated workforce. Undisclosed damages were agreed between parties following the ruling.
Jayne Cardwell, 35, filed an official complaint to her manager at Preston Bus Limited and the Transport and General Workers’ Union (TGWU) against several of her male colleagues after they subjected her to sexually offensive and insulting behaviour, including an unwanted kiss and distasteful graffiti in the male toilets.
Mrs Cardwell, married with two children from Preston, said: “I am ecstatic and relieved at the outcome. I feel vindicated by the decision of the tribunal especially having made complaints to my employers previously, which I felt were not taken seriously enough in the first instance.
“This has been an ordeal for me and my family but I am proud of my actions in standing up to this sexist behaviour. I first brought my claim in June of last year but still felt this canteen culture has been ongoing and unchallenged ever since. I therefore felt I was left with no alternative but to resign from my position in early February this year.”
The TGWU instructed its legal advisors, MWR Solicitors in Preston, to act on Mrs Cardwell’s behalf.
Sadiq Vohra, employment lawyer at MWR, said about the outcome: “Preston Bus Limited defended the proceedings on the basis that they had taken reasonable steps to prevent the discrimination but the tribunal found that whilst some steps had been taken those steps were not enough.
“This case proves that even when faced with a sexist environment, employees should not hesitate to bring sexist behaviour to the attention of their employer. In cases of sexual harassment, the feelings of the victim are paramount, regardless of the motives of the offender.”
The employment tribunal, which took place on 23 and 24 February in Manchester, found that Mrs Cardwell, who joined the company three-and-a-half years ago, was discriminated against due to her sex by employees of Preston Bus Limited, based on 221 Deepdale Rd in the city.
It was concluded that a “canteen culture” existed at Preston Bus Limited, in which the small proportion of women working at the firm were likely to be the recipients of derogatory and objectionable remarks of a sexual nature by their male colleagues.
The tribunal also confirmed Mrs Cardwell experienced an unwanted kiss of an intrusive nature on her neck and was subjected to unwanted comments of a sexual and discriminatory nature from another colleague.
