Morrisons Manager's Unfair Dismissal Claim Thrown Out After Harassment of Female Colleagues
A Morrisons store manager who was fired for persistently harassing female colleagues, including impregnating one young worker, has seen his unfair dismissal claim decisively rejected by an employment tribunal. Kevin Smith's prolonged pattern of what was described as 'creepy' behaviour towards multiple women led to colleagues leaving their jobs and seeking counselling, with the tribunal hearing disturbing details of his actions.
Systematic Harassment of Young Female Staff
Kevin Smith, who had worked for Morrisons since 2005 and served as store manager at the Doncaster Balby location in South Yorkshire since 2010, engaged in systematic harassment of female colleagues over several years. The tribunal heard how Smith specifically targeted much younger women, with some victims noting he was 'old enough to be their dad' and others feeling unable to report his behaviour because they 'feared for their jobs.'
Smith's misconduct included initiating a secret relationship with a young staff member in August 2019 after messaging her on Facebook despite not speaking to her in person. When she became pregnant, Smith reportedly 'blanked' her—a behaviour he was known to employ when annoyed with someone—until she terminated the pregnancy. Colleagues testified that he wanted 'nothing to do with her' once she was pregnant, and the young woman struggled with guilt and feared repercussions because Smith was her manager.
Multiple Victims and Disturbing Messages
The tribunal heard evidence that Smith targeted at least eleven young women, some as young as eighteen, with inappropriate advances and messages. In October 2020, he messaged another young staff member for two weeks, with the recipient finding this 'weird' due to their age difference. He messaged a third colleague about her appearance in social media photos, which 'made her feel sick,' while a fourth described his messages as increasingly 'weirder' and disturbing.
One particularly disturbing message sent to a colleague read: 'If I could hug you now I would be squeezing you so tight and kissing you on your lips telling you how amazing you are! To me!' This recipient described his behaviour as 'disgusting' and said it 'creeped her out,' but she felt 'under pressure' to reply and not report it because of his managerial position.
Failed Attempt to Blame Mental Health Issues
After Morrisons launched an investigation in December 2020 following reports of Smith's sexual relationship with a young worker and his inappropriate messages, Smith began citing anxiety and depression as explanations for his conduct. He claimed the supermarket chain had discriminated against him by not considering how his mental health conditions contributed to his behaviour toward the eleven young women.
Employment Judge Philip Lancaster firmly rejected this argument, stating: 'There is no medical evidence produced to support [Mr Smith's] contention that his making contact with only female colleagues in this manner was something which arose in consequence of his disability.' The judge noted that Smith had engaged in this behaviour long before reporting any substantial adverse effects from disability in September 2020.
Judge Lancaster continued: 'His mere assertion that this was why he had behaved as he did is not sufficient to meet that objective test. His behaviour from this point on cannot be said to have been out of character.' The tribunal also dismissed Smith's additional claims of unfair dismissal and failure to make reasonable adjustments, finding his misconduct 'abundantly clear' and that Morrisons had met all reasonable adjustment requirements.
Widespread Impact and Investigation
The tribunal heard that Smith's actions had significant consequences for his victims. One young woman who worked in the Nutmeg clothing line described him watching her and called him a 'perv,' while he attempted to message her to ask if she was single. This staff member has been receiving counselling due to his actions, with separate proceedings initiated against Smith through Nutmeg rather than Morrisons.
Morrisons' HR manager had previously heard rumours about Smith's messages to younger staff and had repeatedly warned him to stop, with Smith appearing 'embarrassed' about these warnings. The investigation was finally triggered when managers at nearby stores learned about his sexual relationship with a young worker and her subsequent pregnancy, alongside his ongoing inappropriate messaging.
Smith was dismissed for misconduct in May 2021 after the investigation concluded, and his subsequent appeal and tribunal claim have now been definitively rejected, bringing closure to a case that exposed serious workplace harassment within the retail environment.
