Sex discrimination: Single remark can constitute sexual harassment
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Insitu Cleaning Co Ltd and another v Heads [1995] IRLR 4 EAT (1 other report)
In Insitu Cleaning Co Ltd and another v Heads the EAT rejects an employer's argument that a single act cannot amount to sexual harassment until it has been done and rejected as "unwanted conduct". Upholding an industrial tribunal's decision that a woman had suffered sexual discrimination from a single sexual remark made to her by her employer's much younger son, the EAT says that this is a question of fact and degree, and that conduct that is unwanted must be deduced from the available evidence.