High Court action over suspension for claimed ‘mutual sexualised banter’ is settled

Allegations arose out of WhatsApp conversation between junior female and senior male employees of healthcare manufacturer

A High Court action involving alleged sexual harassment has been resolved. Photograph: Getty Images
A High Court action involving alleged sexual harassment has been resolved. Photograph: Getty Images

A High Court action challenging the suspension of a senior employee of a healthcare manufacturer for alleged sexual harassment involving a claim of “playful, mutual and sexualised banter” with a junior colleague has been settled.

Earlier this month, the man obtained a temporary injunction halting disciplinary proceedings against him. This injunction was later converted into an undertaking from the company not to proceed with the disciplinary process pending further order.

The court heard the allegations arose out of what had been a long-standing private WhatsApp relationship with a junior female employee featuring what he called mutual sexualised banter.

The man had been suspended on pay since April after he was found guilty by another inquiry of sexual harassment, which he strongly denied.

The investigation found that up to February 2025, the exchanges were consensual and reciprocal, he said.

The complaints the woman made against him related to a period between February 17th and 25th last. It was only just before 11pm on February 24th that her first “note of complaint” came, the man said.

After that, he did not engage in any sexualised banter and the investigation report found it was so, he said.

Her fiancé also rang him later in a very threatening way after he came across the texts, he said.

Following the finding of sexual harassment, the company was called on to reopen the inquiry but refused to do so and the man brought High Court proceedings.

On Friday, Lorna Lynch SC, for the company, told the court the matter had been resolved and could be struck out. Mr Justice Brian Cregan struck out the case and vacated the undertakings.

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