Sex assault victim takes B&Q Ireland to court
Published: 27 August 2013
B&Q Ireland is facing two cases in the High Court involving a pair of former employees' claims of sexual assault, intimidation and bullying.
An unnamed 22-year-old who worked at the DIY retailer's Naas store in Co Kildare has been awarded a maximum of two years' salary, €30,000, by The Equality Tribunal because of sexual harassment by a supervisor. Now, she is seeking damages against B&Q Ireland in the High Court while her mother, who also worked in the store, is making a separate personal injury claim.
The tribunal heard that the daughter was subjected to inappropriate comments of an offensive and sexual nature from two supervisory colleagues, who also made similar remarks to her mother.
One of the supervisors' behaviour became even worse during a social event arranged to say goodbye to another member of staff who was being transferred. His comments became more explicit and lewd, and he also physically forced himself onto her.
There was not enough evidence to support a claim of sexual harassment by one of the supervisors, but B&Q Ireland carried out an investigation into the other's behaviour and suspended him. However, he then returned to work and the female worker handed in her notice, turning down mediation with him.
The tribunal applauded the retailer's handling of the investigation but decided that its follow-up action had been "inappropriate and insufficient", saying the business should have erred on the side of caution and kept the female employee and supervisor apart by transferring him to a different store.
The employee is now seeking compensation for alleged sexual assault, harassment, intimidation and victimisation at work.
Meanwhile, her mother has initiated a separate personal injury claim in the High Court, having already won a case against B&Q Ireland for unfair dismissal and being awarded €6,000 for loss of earnings. The Employment Appeals Tribunal found she was not guilty of gross misconduct for failing to scan individually 17 boxes of tiles.
She says she was subject to harassment and bullying, and both she and her daughter say they are now suffering from depression and that their health has deteriorated.
In a statement B&Q Ireland said: "We take all claims of inappropriate conduct by one of our employees extremely seriously. We always investigate such claims robustly, promptly and effectively and ensure that the appropriate action is taken".