A sales director for a London-based candle company lost a sexual harassment suit after her employer referred to female employees at a work event as “my harem.”
Fousilla Laloui told an employment tribunal that only Chief Operating Officer Richard Symons was there when the comment was made.
She stated that this was one of several instances of sexual harassment, discrimination, and victimization she endured while employed at the upscale scented candle manufacturer Parks.
The panel denied all of Ms. Laloui’s claims, which included one for wrongful termination.
They determined that the harem remark was merely “a throwaway line,” that it was not intended to offend anyone, and that several of the ladies there found it “amusing.”
Richard Symons (shown on the right) admits to making a joke about female employees being a “harem” while he was the only man there at a work drinks function.
Employment Judge Stephen Heath stated that despite the fact that the term “obviously pertains to sex” and “carries the distinct potential to cause offense,” it “did not breach her dignity.”
The Central London tribunal heard that French-born Ms. Laloui was hired in 2017 to lead the company’s sales staff in London as part of a modernisation effort.
Parks distributes candles, diffusers, and other aroma goods for the home.
She has over 20 years of experience in sales and marketing and led sales, marketing, and design teams for worldwide and local markets.
Ms. Laloui attended a trade show in 2018 alongside Mr. Symons and several other staff members.
Fousilla Laloui (shown above) was unsuccessful in her sexual harassment and wrongful termination complaint.
Ms. Laloui claims she was requested to switch seats en route to the event, which separated her from Mr. Symons and Commercial Director Jeremy Taylor.
She stated that he intentionally excluded her from a chat about sales because she was a woman.
Mr. Symons admits making a joke about female staff members being a “harem” during this trip because he was the only man there at a drinks reception one evening.
Alison Thompson, another present coworker, described the statement as “off the cuff” and stated that no offense was taken.
She informed the tribunal that those present “laughed and went on,” and the matter was never brought up again.
Judge Heath came to the following conclusion: ‘We have determined that Mr. Symons replied to an observation that he was the sole man in a group of coworkers enjoying a pre-dinner drink at a hotel bar.
Harem refers to the section of a household dedicated for wives and concubines.
“In a variety of settings, this type of remark has the potential to constitute harassment,”
We have determined that this was a throwaway remark made by someone who did not intend to offend. Some women in the group did find it humorous.
Nobody expressed offense at the time, according to our findings. This does not mean that they were not offensive, as it is common for individuals to tolerate offensive remarks without protest.
This is arguably much more probable when the comment is made by a person in a position of authority in the relationship. We are prepared to conclude that the remark was unwelcome (Ms Laloui).
“Considering the authorities, we determine that the comment did not violate the claimant’s dignity or create an intimidating, hostile, degrading, humiliating, or insulting atmosphere.”
We do not find that (Ms. Laloui) was treated less favorably due to her sexual orientation or that she was subjected to sexual harassment.
Ms. Laloui departed Parks Candle Company in 2020 prior to filing her case.
In addition, the Central London tribunal heard that in May 2020, Ms. Laloui’s post was one of several at risk of redundancy.
Two months later, there was a discussion over the worth of her position relative to others in the firm considering redundancy, and Mr. Symons asked her which other positions she would like to be considered for.
She responded through email, noting her level of expertise and stating that the corporation had failed to fulfill its obligation to locate her a suitable replacement work.
She also informed Mr. Symons that, throughout the preceding two years, she had filed “informal and official grievances” regarding his bullying, undermining, harassing, and frequent yelling and hostility.
As there were no other eligible candidates, the company offered her the opportunity to apply for the position of commercial director, otherwise she would be terminated as a cost-cutting measure.
Ms. Laloui declined the position and was handed a three-month notice period.
She then chose to file a lawsuit against the corporation for wrongful termination, sexual harassment, discrimination, and victimization, all of which were unsuccessful.
Ms. Laloui, who was the head of marketing, global sales director, and project manager at Parks from April 2017 to November 2020, is now the sales business development manager at FFS Beauty Ltd.
Mr. Symons has served as Parks’ chief operating officer since January 2015 and continues to do so to this day.