Case Study 1

Sally was told that she had to visit a client to discuss a function that was not possible over the
telephone or using communication software such as Skype. As the client was in the country she
would be provided with accommodation, a business car and a mobile phone to use while she
was away.
As there was a shortage of telephones, she would borrow the sales managers phone as he was
having an operation and was not allowed access to a phone. She was given the items without
any training, instruction, or opportunity to test the equipment. She discovered later that the
batteries were dead and as she did not have a charger for the phone so she had to buy a new
set of batteries using her own money.
On the second day, while waiting for her client, Sally played with the phone looking for
games. What she discovered were photographs of men and women in pictures that were
clearly not of a business nature. She was very shocked and decided to sue the business for
sexual harassment.
Work task: Write a one-page report to your manager detailing what procedures you
would recommend introducing as a result of the above situation.
Based on the facts of the case upon reading, it is clear that the sales manager and the company
as a whole are to blame. Here are some of the faults mentioned:
a) First fault: Since the company neglected to guarantee and have a working phone, Sally had
to borrow the sales manager's phone.
b) Second fault: The sales manager clearly used the company phone for personal reasons,
which led to Sally's sexual harassment argument.
In this case, the questions that we consider:
Is Sally correct in claiming that she was threatened as a result of the sales manager's phone use
and irrelevant business material in the given situation? If that's the case, what is/are the
basis(s) for her claim?
Our Propose Solution
 Since the company refused to have a working phone, Sally had to borrow the sales
manager's phone.
 Sally claimed sexual harassment and decided to sue the business because the sales
manager used the phone of the company for personal purposes.
For us, the incompetence and unpreparedness of the company and the people involved can
clearly be seen in the above issues. This is unacceptably bad in the real world or in any job that
we will have in the future. As a manager, he needs to prepare everything that is needed.
The following are some of our suggestions for preventing a repeat of the said incident:
 First is to ensure that all is in order, the sales manager can make a checklist of what
needs to be done and what are the needed equipment to be used.
 Second is to ensure that all products and equipment used by the client/visitor are not
inherently new, but are in good working order.
 The equipment, including the phone, must be tested and returned in good working
order after the client meeting.
 Ascertain that the phone is returned with an empty file for potential use.
 Make a memo stating that all company-issued phones must only be used for business
purposes and not for personal or recreational use to avoid this kind of situation.
 State that if they will not follow the rules, they will face penalties and disciplinary action.

Additional to this is that Sally has the right to claim for sexual harassment. Though, in this case,
we have clear facts as to whether or not the act was deliberate. The manager, on the other
hand, should take the initiative to remove certain unrelated business files simply because he
wants to lend his company-issued phone to Sally. What is contained in that phone is known to
the sales manager. Third-Party Harassment is a form of harassment, according to the law.
Based from our research, the third-party sexual harassment is sexual harassment that is
committed by someone other than another employee. The rules hold an employer liable for
repeated acts of violence against its workers by a third party. Contractors or consumers make
offensive racial remarks or making inappropriate sexual advances to workers are examples of
the type of behavior the provisions were intended to discourage. If this occurs, employees can
file a compensation claim against their employer with an Employment Tribunal. Due to this
legal basis, Sally will pursue the case if she so desires. The business, on the other hand, could
try to work out a solution with the concerned party.

References:
 https://www.gov.uk/employment-tribunals
 https://www.shouselaw.com/ca/labor/harassment/sexual-harassment/third-party-
sexual-harassment/#:~:text=Third%2Dparty%20sexual%20harassment%20is,someone
%20other%20than%20another%20employee.