Tribunal says calling women 'birds' at work could be sexual harassment

Calling women 'birds' at work could be sexual harassment, according to an employment tribunal ruling.

The judgement came in the case of a high end whisky investment company which has been ordered to pay over £50,000 in compensation to a female staff member who complained about the language used by her colleagues. 

Using the term - which dates back to the Middle Ages - is 'derogatory', the judge concluded.

Nina Chung claimed co-workers at Whisky 1901 - located opposite Harrods in Knightsbridge, London - called women 'birds' and boasted about their 'sexual conquests'. 

She was also asked if she was planning on getting pregnant by colleague Robin Sidhu and, in another incident, he locked her out of the company's office, the tribunal heard.

Employment Judge Pavel Klimov ruled that the behaviour which Ms Chung had complained about constituted sexual harassment.

The tribunal found that Ms Chung was the victim of discrimination when an internal grievance was launched with bosses preferring Mr Sidhu's account.

It also said she had been victimised by the firm when unspecified misconduct allegations were brought against her and she was suspended for five months.

Company founder and CEO Aaron Sparkes - who describes himself as 'a distinguished and award winning authority in the realm of spirits investment' - disciplined her without attending her hearing, the panel found.

It also ruled that Ms Chung was then given a disproportionately long written warning.

The employee eventually resigned from Whisky 1901 and has now successfully sued them for discrimination, sexual harassment, victimisation and breach of contract, being awarded £51,776.67 in compensation including £14,000 for injury to feelings.

However, EJ Klimov did not uphold all of Ms Chung's claims.

The hearing in central London was told the incidents took place between August and November 2022.

The judge said instances when Mr Sidhu locked Ms Chung out the office, when he asked her if she was planning on getting pregnant and when colleagues made derogatory comments about women such as 'birds' and 'boased of sexual conquests' were all reasonable complaints of sexual harassment. 

Ms Chung's five-month suspension and Mr Sparkes disciplining her without attending the disciplinary hearing were deemed cases of victimisation.

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EJ Klimov said Mr Sparkes imposed a 12-month written warning when 6 months had been recommended.

Speaking after the tribunal, Whisky 1901 said they are appealing the decision and that as of June 2023 Mr Sidhu no longer worked for the company.

'The appropriate grievance and disciplinary processes and procedures were followed in regard to this matter,' a spokesperson said.

'This included seeking independent advice from a well-known HR consultancy firm.

'We actively encourage diversity, equity and inclusion in the workplace and take matters of this nature very seriously.'

Whisky 1901 was founded in 2019 to help people invest in casks of rare Scotch whiskies, a similar form of investing to buying gold or fine wine.

Investment in Whiskey is a relatively new form of luxury goods investment, with bottles rising 280 per cent in value between 2013 and 2023, according to the Knight Frank Luxury Investment Index.

Last year auction house Sotheby's sold the most expensive bottle of whisky ever, a Macallan 1926 single malt that was bottled in 1986 and went for £2.1m.

On their website Whisky 1901 say casks start at £5,000 but are typically in the £30,000 to £50,000 range and they advise waiting at least 10 years before bottling or selling on a cask.