In P v Crest Nicholson Operations Limited a major UK property developer failed to protect a woman from a “predatory” manager who raped her after a West End Christmas party, a tribunal has found.
The Crest Nicholson employee carried out the attack on a colleague at a London hotel after an all-day Christmas party at the Piano Works on November 28, 2019. He had earlier twice sexually assaulted another woman at the work party in public view.
Despite the “clear and present” danger he posed, which included threatening to fight a colleague who confronted him over the sexual assaults, the incident was not escalated to top managers also present at the party.
“He was drunk, had sexually assaulted a colleague at least twice, pinning her against a pillar during the latter assault, and had squared up to another colleague,” said employment judge Roger Tynan. “The situation cried out for a decisive intervention.”
Instead, the man later left the party with another woman who was not aware of the sexual assaults and who had “placed her trust” in him as a “senior colleague” to help her back to her hotel.
He made an unwanted advance when he tried to kiss her in the taxi and then raped her in her hotel room, the tribunal found.
The tribunal said: “We find that she did not consent to any form of sexual activity with him and indeed find that in her intoxicated state she lacked essential capacity to give such consent.”
The victim suffered “internal bleeding and bruising” in the ordeal.
Her...
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