Tribunal Finds Workplace Banter on Childbirth Pain Constitutes Sex Harassment
An employment tribunal in Birmingham has delivered a landmark ruling that workplace comments comparing the pain of male groin injuries to childbirth constitute sex harassment. The case centred on inappropriate remarks made in a company WhatsApp group, which left a pregnant employee feeling belittled and distressed.
Crude Comparison in Group Chat
The tribunal heard how David Lippett, studio engineering lead at OLA Electric UK, posted a message in July 2023 suggesting that men being kicked in the groin must be more painful than childbirth. His reasoning was that women often choose to have another baby after giving birth, while men never volunteer for another groin injury.
Lippett specifically tagged pregnant colleague Amy Hope in the message, writing 'Saw this and thought of you Amy'. Several male colleagues responded with supportive thumbs-up emojis, amplifying the impact of the comment.
Pregnant Employee's Distress
Amy Hope, who was just two weeks from her due date at the time, testified that she felt 'upset, hurt, and belittled' by the remarks. Despite working in what she described as an 'overwhelmingly male workplace', she found nothing humorous about her colleagues joking about childbirth while she was preparing for delivery.
Employment Judge David Maxwell noted that 'Her male colleagues and senior managers laughing about childbirth did not seem very funny to her', particularly given her documented anxiety about pregnancy and delivery.
Additional Inappropriate Comments
The tribunal also examined another incident involving Edmund Willis, the company's chief program designer. When Hope expressed concern about her small baby bump, Willis responded with the comment 'Never mind the bump, the boob fairy hasn't been either'.
Judge Maxwell ruled this was an 'entirely gratuitous' remark about the size of Hope's breasts that left her feeling 'insulted, disgusted and objectified'. The comment implied that larger breasts would have been preferable, according to the judge's interpretation.
Legal Findings and Compensation
Despite Lippett's claim that his comment was intended as humour between colleagues with a good relationship, Judge Maxwell found it constituted sex harassment. The judge stated: 'Mr Lippett's message was crude and made light of Ms Hope's circumstances and the risks she faced. This ill-judged attempt at humour also came after several other unwelcome comments.'
The tribunal noted that Lippett demonstrated 'little insight' into how his remarks might be received during cross-examination. Hope's robust response in the chat was deemed an attempt to maintain working relationships rather than genuine amusement.
While Hope's other claims were unsuccessful, she has won her sex harassment case and is now in line for compensation. She was later made redundant when OLA Electric UK discontinued the project she worked on.
Company Background and Context
Amy Hope began working at OLA Electric UK in 2022 as a Lead Human Factors Designer. The Indian electric vehicle startup had established a Coventry design studio that same year. Hope informed two managers of her pregnancy in December 2022 but asked them to keep it confidential due to anxiety.
When she announced her pregnancy company-wide in February 2023, she received neither a proper risk assessment nor a satisfactory maternity policy. These workplace shortcomings provided context for the tribunal's consideration of the harassment claims.
Broader Implications for Workplace Conduct
This ruling serves as a significant reminder that humour at colleagues' expense, particularly regarding sensitive topics like pregnancy and childbirth, can cross legal boundaries. The tribunal emphasized that intent does not negate impact when determining harassment.
The case highlights how group dynamics, including supportive reactions from other employees, can compound the harm of inappropriate comments. Employers must ensure their workplace cultures do not permit behaviour that could be perceived as discriminatory or harassing, regardless of purported humorous intent.
