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Tolerating sexual harassment does not imply acceptance

Munchkins Restaurant Ltd. v Karmazyn

UKEAT/0359/09

Key facts

The owner of Munchkins restaurant subjected his waitresses to persistent unwanted sexual behaviour on an almost daily basis for nearly five years. He insisted that they wear short skirts and subjected them to regular inappropriate sexual comments.  Following the dismissal of Karmazyn, a claim was made and upheld in the Employment Tribunal. This case concerned the appeal.

The ruling

The appeal supported the Tribunal in ruling in favour of Karmazyn and against the employer. Putting up with such behaviour did not amount to an acceptance of it and the original order of £15,000 was upheld.