Woman who accused boss at pet crematorium company of showing pink boxer shorts loses harassment case
Woman who accused her boss at pet cremation company of dropping his trousers to reveal his pink boxer shorts loses harassment case after tribunal ruled she could not prove her claims
- Michelle Shoulder worked for Kevin Spurgeon at Dignity Pet Crematorium Ltd
- She claimed he dropped his trousers ‘without warning’ to show bright pink pants
A woman who accused her boss at a pet crematorium company of dropping his trousers to reveal pink boxer shorts has lost a harassment case – after the tribunal ruled she could not prove her claims.
Michelle Shoulder claimed Kevin Spurgeon, company owner of Dignity Pet Crematorium Ltd, dropped his trousers to his ankles ‘without warning’ to reveal brightly coloured pants.
The woman also told the tribunal she was harassed by him a second time, when Mr Spurgeon lowered his trousers to show a kickboxing groin injury.
Ms Shoulder, a driver at Mr Spurgeon’s company in Hook, Hampshire, said she ‘did not appreciate his behaviour’, the tribunal heard.
However, the woman lost her harassment case against the company after an employment tribunal ruled she was unable to prove her allegations.
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Michelle Shoulder claimed Kevin Spurgeon (pictured), company owner of Dignity Pet Crematorium Ltd, dropped his trousers to his ankles ‘without warning’ to reveal brightly coloured pants
The tribunal heard she had been working as a driver for Dignity Pet Crematorium from May 2019, but brought her case after she was later sacked over ‘extensive damage’ to a company vehicle.
Dignity Pet Crematorium offers a number of services for animal lovers, including pet bereavement support, paw print impressions and gravestones.
Ms Shoulder told the tribunal that on October 8, 2019 – Breast Cancer Awareness Day, when people are encouraged to wear pink – she was briefing a meeting in the office when her boss dropped his trousers.
‘I was standing a few feet away from Kevin… [he] was asked why he was not wearing anything pink,’ she said.
‘In response, he laughed and without warning, pulled his trousers down. Kevin was wearing pink underwear and said, ‘I am wearing pink’.’
Mr Spurgeon told the tribunal he had not dropped his trousers at all and had simply pulled his boxers up instead.
In the autumn of 2019, Ms Shoulder was in the staff kitchen when she accused him of showing her ‘paedophile vigilante videos which were ‘highly inappropriate’ and caused an ‘uncomfortable working environment for her,’ the tribunal heard.
She also told the panel that in February 2020, Mr Spurgeon dropped his trousers again, this time in the company garage to show a kickboxing injury.
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The woman also told the tribunal she was harassed by him a second time, when Mr Spurgeon lowered his trousers to show a kickboxing groin injury
Ms Shoulder told the hearing: ‘I noticed that Kevin had pulled his trousers down below his knees and was trying to show [employees] Emma Dobell and Wendy Bishop a mark on his inner thigh.
‘I felt that I had to intervene. I said ‘for God’s sake Kevin’. His response was ‘it’s only because you’re jealous’.’
In this instance, Mr Spurgeon admitted pulling down his trousers, but said he was ‘showing Emma Dobell a bruise that [he] sustained in kickboxing as she was interested in the sport’.
Having been furloughed during the pandemic, Ms Shoulder crashed a company vehicle into a bin in August 2020, causing ‘extensive’ damage to the car, the tribunal heard.
She was invited to a disciplinary hearing to discuss causing severe damage to the car and then provided ‘misleading and incorrect information’ about it, after which she was dismissed.
The tribunal, held in Southampton, Hampshire, concluded that Ms Shoulder was unable to prove her allegations about Mr Spurgeon’s behaviour.
She withdrew her claims of direct sex discrimination, discrimination arising from disability, reasonable adjustments and victimisation.
The tribunal dismissed all her other claims of direct sex discrimination, harassment, direct disability discrimination, discrimination arising from disability, failure in the duty to make reasonable adjustments and victimisation.