🧐 What Actually Happened
In 2019, an Asda checkout operator, Mr Choon Seng Goh, was subjected to inappropriate physical behaviour from a female colleague.
- The first incident occurred when she kneed him in the backside while he was working.
- Mr Goh initially brushed it off, assuming it was a one-off.
- A few weeks later, the same colleague kicked him in the backside again – this time causing pain that required him to seek medical attention from his GP.
Mr Goh immediately reported both incidents to management. However, Asda:
- Failed to properly investigate his complaints.
- Did not take steps to separate him from the colleague during ongoing shifts.
- Did not update him on the progress or outcome of his reports.
By December 2019, mediation was attempted. During this process, the colleague accused Mr Goh of sexual assault. He strongly denied this and, frustrated at the lack of action, he raised a formal grievance.
Unfortunately, the grievance process was also flawed:
- The investigation was described by the tribunal as “lacklustre”.
- Mr Goh was kept in the dark about what was happening.
- On appeal, he was told he could not appeal the grievance outcome – but later the appeal was reinstated, highlighting further procedural errors.
This prolonged mishandling left Mr Goh feeling unsupported, unfairly treated, and targeted simply because of his gender.
⚖️ The Tribunal’s Decision
Mr Goh brought a claim of sex discrimination, arguing that if he had been a woman reporting the same behaviour, Asda would have responded very differently.
The tribunal agreed. It found that:
- His complaint was not taken seriously because he was male.
- He was treated less favourably because of his sex, which amounted to unlawful discrimination.
- The failures in Asda’s grievance process compounded the discriminatory treatment.
💷 What Did He Win?
The tribunal awarded Mr Goh a total of £29,365 in compensation.
This included:
- £18,500 for injury to feelings (reflecting the humiliation, distress, and impact on his mental wellbeing).
- Additional sums for financial losses linked to how he was treated.
The award reflects the tribunal’s recognition that being dismissed, ignored, or doubted when raising a genuine complaint can cause serious and lasting harm.
💡 Lessons for Employers
This case is a powerful reminder of how not to handle workplace complaints. Here are the key lessons:
- Take all complaints seriously – regardless of gender
Harassment and inappropriate behaviour can affect anyone. Dismissing a complaint because of stereotypes or assumptions is discriminatory.
- Act quickly and transparently
A slow or unclear process makes employees feel ignored. Always confirm next steps, timescales, and keep the complainant updated. Communication is so important in these process especially so when someone is experience distress or heightened emotions as a result.
- Protect complainants during investigations
Consider practical measures like adjusting rotas, moving locations, or ensuring the individuals involved don’t have to work side by side until the matter is resolved. Be mindful not to infer blame whilst protecting the wellbeing of those involved.
- Train your managers
Managers are often the first to receive complaints, but without training they can make serious mistakes. Equip them to listen, escalate, and follow procedure properly. They need to know how to have difficult conversations and communicate effectively.
- Document everything
Keep detailed notes, records of meetings, and evidence of the steps taken including dates and relevant witnesses details. At tribunal, poor record-keeping undermines an employer’s defence and credibility. Often tribunals can be many years after the event making the preservation of documentary evidence all the more important.
- Apply policies consistently
Procedures must be followed in the same way for every employee, no matter their gender, background, or seniority. Inconsistency is a breeding ground for discrimination claims.
- Avoid counter-claim escalation without evidence
In this case, the employee faced a counter-allegation during mediation. Employers must take such claims seriously – but also carefully manage them so they don’t appear retaliatory or dismissive which could undermine the initial complaint and causing further impact on the original complainant.
- Embed an inclusive culture
Policies alone aren’t enough. Employees need to trust that if they raise a concern, they’ll be heard, supported, and treated fairly. That trust comes from a culture of openness, psychological safety, and respect. People remember how you made them feel.
- Recognise the emotional impact
Compensation for “injury to feelings” can be significant – as shown here with an award of £18,500. Employers should never underestimate the emotional toll of being ignored or dismissed in discrimination cases.
- Review and stress-test your grievance procedures regularly
Policies and processes can look good on paper but fail in practice. Carry out regular reviews, simulations, and external audits to make sure they actually work and are being used correctly.
🌱 How Thrive Can Help
At Thrive, we support employers to get this right before it gets to tribunal. From drafting robust policies and grievance procedures, to delivering inclusive leadership and EDI training, our team helps create safer, fairer, and legally compliant workplaces.
We also work with leaders to build confidence in handling complaints effectively – ensuring every employee feels heard and protected.
Drop me an email for a chat about how we can support your team on Jodie.hill@thrivelaw.co.uk
📌 Final Thoughts
This case shows that sex discrimination can affect anyone, and that failing to act has serious consequences. Employers must embed fairness, equality, and accountability at every level of their culture.
Share your thoughts with us on social media @iamjodiehill and @thrive_law.
🔗 Further Reading & Resources
If you’re a geek like me and want to read more:
📄 Read the full judgment here (Gov.UK)
🎥 [Watch Jodie’s video breakdown of the case and employer lessons here – link to TikTok/Instagram video]
✅ If you’d like support reviewing your grievance procedures, or training your managers to handle complaints properly, get in touch with us at Thrive. Together, we can build truly inclusive workplaces where everyone feels safe and respected.
