Hedge fund recruitment firm absolved of discrimination, guilty of victimisation

Lascaux Partners, a London hedge fund recruitment firm, employs a lot of women. One of them has complained.

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A new and detailed employment tribunal judgement has found Lascaux Partners guilty of unfair dismissal, of harassment related to sex, and of victimisation in relation to one female employee. However, the firm was absolved of over 250 allegations of direct race discrimination, direct sex discrimination, and harassment on the grounds of race and harassment on the grounds of sex.

The successful charge of 'harassment related to sex' succeeded after a consultant at the company commented to the female colleague who brought the complaint that she looked like she was "lactating" when she arrived in the office with a wet t-shirt. The successful charge of victimisation related to successful claims that the female employees' complaints had not received proper consideration. 

Lascaux's approach to its gender imbalance, and to the hiring of men, occupies several pages of the judgement.

The judgement describes how, on one occasion, employees of the firm congregated at a London bar after work. There were 10 women and two men in attendance, prompting Lascaux partner Luke Stovell to observe that it was not dissimilar to a hen party.

On one occasion, a female director responsible for recruitment into the firm messaged another female director with the observation that more male employees were the apparent preference of the two partners: "They just want to get simple, white middle class boys who are bold and will pick u teh phone [sic]."  By comparison, she observed that female employees at the firm were more diverse. 

The judgement says that Stovell had a tendency to refer to desirable recruits as "top shaggers" in jest. These shaggers could be either male or female; the phrase was shorthand for 'confident, sporty, team players.'

However, on one occasion Stovell was accused of saying that he liked to hire, “top shaggers” and “rugby lads.” He denied this, but the court decided that on balance it was probably said. In a WhatsApp exchange between Stovell and his fellow Partner Luke Williams, Stovell said that they probably needed to hire a "guy" for an unnamed role, and that: "Pregnancy is going to be an issue for anyone presentable with a normal personality.”  

On the whole, the court said that Lascaux Partners seemed to have a culture in which swearing was common. So too were "inappropriate and unprofessional comments." The judgement states that Lascaux was a place of "edgy humour, sometimes cruel or more often puerile."

Much of the evidence against the firm was presented in the form of text messages or was gleaned from the reminiscences of after work drinks and work outings. Some elements of the claim were rejected because time limits for bringing them had been exceeded. The bulk of the allegations did not succeed. 

In a statement, Lascaux Partners said: "The tribunal found no evidence of racial or sexual discrimination and rejected the vast majority of allegations made. One inappropriate remark was identified and was dealt with at the time, and all managers have since completed additional HR training. While the tribunal held that the dismissal process should have been more robust, it confirmed there was no discriminatory motive. We remain committed to maintaining a professional and respectful working environment."

In a previous case heard in a London court last month, a London headhunter was reported as having said: "All the female headhunters that make money are bonkers."

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