Manager loses sexual harassment declare after her boss advised her ‘you look good, no marvel I employed you’ after a haircut

A female manager whose boss told her ‘you look nice, no wonder I employed you’ after she got a new hairdo has lost her claim for sexual harassment.

Joanna Radzinski-Kalisz complained that Matthew Kelly spoke about his sex life shortly after he had a ‘fling’ with the firm’s HR manager, Liz Culpan.

In a damning judgement, an employment tribunal found that operations director Mr Kelly was prepared to lie under oath during legal proceedings to cover up the dalliance.

Ms Radzinski-Kalisz, 43, won a claim for unfair dismissal after Mr Kelly fired her for raising health and safety concerns at the window company where they worked.

However, her claims of sexual harassment were dismissed because they were brought too late after the incidents happened.

In January 2022 the company held a staff Christmas party, and Mr Kelly began an affair with Culpan that night, the hearing was told.

At the bash, the tribunal heard he tried to get Ms Radzinski-Kalisz’s partner to discuss other ‘pretty’ girls at the pub telling him ‘Joanna’s in the toilet, she won’t find out’.

The tribunal, held in Birmingham, heard that Ms Radzinski-Kalisz started working for Central Windows System as the Quality Health & Safety Manager in June 2021.

Operations director Matthew Kelly (pictured) was prepared to lie under oath during legal proceedings to cover up his affair with the firm’s HR manager, Liz Culpan

Mr Kelly was the company’s Operations Director and was ultimately responsible for health and safety.

The tribunal found he ‘will seek to avoid doing any work if he can’, and ‘appears to operate on an ‘if can be done tomorrow, do it tomorrow’ basis’.

In May, as they drove to see a client, she said Mr Kelly told her that ‘he had not had sex for three months’, and that he and his wife had split up.

The following month Ms Radzinski-Kalisz had her hair done, and the tribunal heard that ‘on seeing the new style Mr Kelly had commented ‘you look nice, no wonder I employed you’.

In the following months, the tribunal heard she raised more health and safety issues – claiming she couldn’t do her job properly as they were being ignored – which were described by senior executives as ‘moans and groans’.

Mr Kelly complained about her work while she was on holiday in August and on her return to work she was sacked.

Her dismissal letter explained the reasons she was sacked: ‘We feel that you have not progressed as expected in this role and the role is taking a change in direction.

‘It is not just working. We’ve therefore decided that we have no other option but to terminate your contract of employment.’

Mr Kelly commented ‘you look nice, no wonder I employed you’ after Ms Radzinski-Kalisz had her hair done. Pictured: Central Windows System offices 

Ms Radzinski-Kalisz took the company to the tribunal claiming unfair dismissal and sexual harassment.

The tribunal found that in his initial witness statement, Mr Kelly had denied the affair which she had raised as part of her case.

Mr Kelly said: ‘I am absolutely stunned that she would say that about me. She has no basis to say that whatsoever.

‘Other than a professional relationship working relationship I’ve never had any sort of relationship with our H[R] Manager and I’ve done anything that could possibly make anyone think anything else.’

However, after it became known to the tribunal that the business was aware of the affair, he admitted to having ‘a short fling’ while he was ‘separated’ from his wife, but claimed it lasted no longer than a week.

‘Given the signed statement of truth in Mr Kelly’s first witness statement, it is impossible to reach any other conclusion that not only had he been prepared to lie within the workplace, but whilst he thought he could get away with it, he was prepared to lie in sworn testimony to this Court, under Oath,’ Employment Judge Jonathan Gidney said.

The tribunal found that the real reason that Mr Kelly dismissed her was because of her health and safety whistleblowing.

Of the sex harassment claim, the tribunal said: ‘[Mr Kelly] originally denied having an office affair and then was forced to admit that he had. We find that the full comment, ‘you look nice, no wonder I employed you’ was said by Mr Kelly.

‘We conclude on the balance of probabilities that he did tell [her] that he had not had sex for three months and that he did try to engage [her] partner in a discussion about other pretty girls at the office party.

Ms Radzinski-Kalisz started working for Central Windows System (pictured) as the Quality Health & Safety Manager in June 2021

‘We also find that he did engage in a work affair. All these behaviours are consistent and we find that the comment ‘you look nice, no wonder I employed you’ was said, in or around June 2022.’

However, the tribunal decided to dismiss the claim her claim of harassment for being ‘out of time’ as such claims have to be made within a certain timeframe.

The tribunal said: ‘We note that [Ms Radzinski-Kalisz] made no objection to the comment between the date she asserts it was made and her dismissal on September 5 2022.

‘We note that she had no concerns about raising other complaints against Mr Kelly. Following her termination, when [she] had nothing to lose, she did not file a grievance about the comment.’

The amount of compensation Ms Radzinski-Kalisz is going to receive for unfair dismissal will be decided at a later date.