A LORRY loader has lost a compensation claim for unfair dismissal after he was alleged to have harassed a woman warehouse manager with sexual remarks at at a Worcester firm.
An employment tribunal heard Kate Taylor was also upset when she was sent an Ann Summers-style magazine with a thong at work.
The tribunal in Birmingham heard that Mark Elmes had worked at the depot on the Shire Business Park in Warndon, Worcester, formerly owned by TNT Logistics (UK), for about 20 years with an unblemished employment record.
But he was accused of harassing Mrs Taylor, previously Miss Beels, with sexual innuendo and sending her the magazine and thong.
Mr Elmes, aged 45, of Kidderminster, who loaded lorries, denied the allegations and alleged he was sacked for gross misconduct because he had raised issues about the safety of workers at the depot. He said he had complained on numerous occasions about pallets being stacked dangerously and left around in a manner likely to cause accidents.
He also alleged he had been "picked on" because he was a Transport and General Workers Union shop steward.
His claim was backed up by lorry driver Jerry Sutton, who told the six-day hearing: "Mark was stitched up because of his efforts to improve safety and because he was a shop steward."
But the tribunal heard the Health and Safety Executive had carried out inquiries as a result of his complaints.
Mrs Taylor, who did not give evidence at the hearing, had complained to the company's management about alleged sexual harassment by Mr Elmes.
It was alleged that he made a remark about her cleavage and made sexually suggestive remarks.
The tribunal was told that when a trailer was driven into the depot Mr Elmes was alleged to have suggested that she could drive the vehicle with her on his lap - or on the lap of another woman.
Mr Elmes was accused of sending Mrs Taylor the magazine and thong and suspended and eventually dismissed.
He denied being responsible for this.
Tribunal chairman Mr Robert Powell said there was some concern about the way the firm had investigated the accusations, but overall the employers had acted within the bounds of reasonable responses.
As a result he rejected Mr Elmes' compensation claim for unfair dismissal. He also rejected a claim for costs against Mr Elmes by the firm.
The firm has since sold off its contracts business and is now known as Geva Logistics.
Comments: Our rules
We want our comments to be a lively and valuable part of our community - a place where readers can debate and engage with the most important local issues. The ability to comment on our stories is a privilege, not a right, however, and that privilege may be withdrawn if it is abused or misused.
Please report any comments that break our rules.
Read the rules hereComments are closed on this article