16 April 2024 , 11:59
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A worker at an upmarket bed and breakfast won a sex discrimination case when her male boss refused to help her change bed sheets because it was a “woman's job”.
Nicola Nolan had suggested Jason Fairfield strip his own bed at the Lake District guest house he co-owned with his wife Catherine, when he made the comment an employment tribunal heard. The same day he asked her if she needed an “instruction manual” on how to clean a toilet seat. After a 'heated discussion' Ms Nolan walked out of the guest house and sued her employers for sexual harassment and constructive dismissal. During proceedings Mr Fairfield insisted he would not make the comment as he “has three daughters”. However, employment judge Hilary Slater found the “woman's work” comment violated Ms Nolan's dignity.
The Manchester tribunal heard Ms Nolan was an assistant at Victorian B&B Appletree's in 2019 and among her duties were cleaning the guest's rooms and serving breakfast. Employment Judge Hilary Slater said Ms Nolan told Mr Fairfield he should have made the bed he had slept in the previous night. In response, Mr Fairfield told the employee: "No, it's not my job to do it, it is a woman's job.”
Despite his denial, EJ Slater said: "It is possible it was not a sincerely held view he expressed but something said to deliberately wind [Ms Nolan] up." Later that day, there was a further conversation between the pair in relation to a faulty toilet seat. Ms Nolan said she had raised the issue of the broken seat before and on this day, he responded in a “patronising” way.
Representing herself, Ms Nolan told the tribunal Mr Fairfield said words to the effect of: “Do I need to take you upstairs and show you how to clean a toilet seat?” The following day, Ms Nolan raised the issue with Mrs Fairfield. However, she did not respond or do anything to indicate she would consider or address the issue of her husband's behaviour when it was raised.
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The following week, there was said to be an atmosphere between the pair and at the end of the month Ms Nolan was off work sick until she returned on April 4 and requested another chat with her boss. It was said at the end of the meeting, Ms Nolan walked out and said “she had no choice but to leave”. She said she wanted an apology from her boss for her husband's actions but Mrs Fairfield refused. After this meeting, on April 4, Mrs Fairfield sent Ms Nolan a message reading saying she was 'really sorry' how the 'morning turned out', and asked whether she should take this as her resignation.
Addressing the comment made by Mr Fairfield, EJ Slater said: "The comment was made with the purpose of violating [Ms Nolan's] dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for [her].” Her claims of constructive unfair dismissal and complaint of harassment related to sex in relation to Mr Fairfield 'woman's job' comment were upheld although other claims she made were rejected.