A personal assistant who allowed her wealthy boss to believe they could have a romantic relationship while accepting lavish gifts has been ordered to pay £15,000 in legal costs after losing a sexual harassment lawsuit.
Emma Hennell-Whittington received expensive presents from Peter Metcalfe, the 54-year-old owner of a nationwide haulage firm based in Hawes, North Yorkshire.
The employment tribunal dismissed her claims of sex discrimination and harassment, ruling that she had “encouraged” Metcalfe’s affections as part of a “transactional” relationship.
Hennell-Whittington, who was in her late 30s and engaged at the time, was employed by Metcalfe in August 2021 before being dismissed in July 2022.
Emma Hennell-Whittington was paid £30,000 annually for working just 10 hours per week at the haulage firm
She was paid £30,000 annually for working just 10 hours per week at the haulage firm.
During her employment, she received gifts worth tens of thousands of pounds, including a Volkswagen Tiguan and a Honda Civic.
Metcalfe funded her Botox beauty treatments and offered to pay £45,000 to buy out her fiancé’s share of a house where she lived with her teenage daughter.
The tribunal heard that whilst employed, she maintained a leisurely lifestyle that included swimming and shopping during office hours.
The employment judge noted that Hennell-Whittington enjoyed a lifestyle she “could not reasonably expect” in any other job.
The tribunal heard that Metcalfe repeatedly declared his love for Hennell-Whittington, describing her as “the best thing in the world I’ve ever met”.
The employment judge noted that Hennell-Whittington enjoyed a lifestyle she “could not reasonably expect” in any other job
She “did not reciprocate those words” but also did not ask him to stop, the tribunal was told.
The situation changed in July 2022 when she attended a charity ball at Metcalfe’s firm with Alan Grieves, an Ultimate Strongman competitor.
Hennell-Whittington had started a relationship with Grieves two months earlier, while still engaged to her fiancé.
The tribunal heard that “the penny finally began to drop” for Metcalfe at this point, and he “felt humiliated”.
Five days after the charity ball, Metcalfe terminated her employment.
Employment Judge Kirti Jeram described Hennell-Whittington as “an articulate and intelligent individual” but an “unreliable historian”.
The judge said she knew the case would “embarrass” her former employer and had been warned it was likely to fail.
“By insisting on proceeding to a final hearing, [she] effectively compelled [Metcalfe] to be subjected to public scrutiny about matters that she knew, or at least ought reasonably to have known, were likely to be difficult and embarrassing for him,” Judge Jeram said.
The tribunal rejected her claim that Metcalfe’s “affections for her grew in a vacuum, without any reciprocation”.
The judge ruled that Hennell-Whittington could have informed Metcalfe his affection was “misplaced and unwanted” before the employment relationship began.
Instead, she “took no steps to scotch” his beliefs and hopes about a potential future relationship.
