Keegan v Regal Health and Wellbeing Ltd (T/a The Massage Company)

Case Summary

The claimant claimed harassment related to sex and sexual harassment, unlawful wage deduction, and other complaints against her employer, a massage therapy centre. The tribunal found one harassment complaint established regarding a comment made by the Centre Manager in August 2024 about physical appearance. Most other harassment complaints were dismissed by majority decision. The unauthorized wage deduction claim was dismissed.

The tribunal found that one specific comment about physical appearance ('I like girls, short, with blue eyes and a big bust') made by the Centre Manager in August 2024 constituted harassment related to sex. However, most other harassment complaints were not established by the majority, as they found either that the alleged conduct did not occur (such as an alleged erection comment), or that conduct such as offers of lifts or requests for massages, while potentially unwanted, were not shown to be related to sex or of a sexual nature. The time limit was extended on a just and equitable basis. The wage deduction complaint failed as it was contractually authorized.

• •Whether the claimant was subjected to harassment related to sex/sexual harassment
• •Comment by Centre Manager regarding physical appearance ('I like girls, short, with blue eyes and a big bust')
• •Requests for massages from Centre Manager and whether these amounted to harassment
• •Offer of lifts to work and whether this constituted sex-related harassment
• •Whether time limit should be extended for late claim
• •Unauthorized deduction of £400 training cost from final wages
• •Whether claimant's resignation was caused by unlawful conduct

1 EMPLOYMENT TRIBUNALS Claimant: Mrs V Keegan Respondent: Regal Health and Wellbeing Ltd (trading as The Massage Company) Heard at: Reading (by video) On: 11 to 14 November 2025, 9 January 2026 (in chambers) Before: Employment Judge George, Ms H Gunnell, Mr J Vaghela Representation Claimant: Mrs Clavin (friend and lay representative) Respondent: Ms A Acheampong (litigation consultant) RESERVED JUDGMENT 1. The name of the respondent is changed to Regal Health and Wellbeing Ltd (trading as The Massage Company). 2. On an occasion in August 2024, the respondent subjected the claimant to harassment related to sex/sexual harassment by the Centre Manager saying to her “I like girls, short, with blue eyes and a big bust”. 3. The claim was not presented within the applicable time limit for that complaint, but it is just & equitable to extend the time limit to 16 January 2024. The Tribunal has jurisdiction to consider this complaint. 4. Otherwise - in part by a majority (Employment Judge George and NLM Vaghela – employer-side NLM) - the complaints of sex related harassment and/or sexual harassment are not well founded and are dismissed. NLM Gunnell (employee-side NLM) dissented in part. See para.155 below for the extent to which this was a majority decision to dismiss the remaining complaints. 5. The unauthorized deduction from wages complaint is not well founded and is dismissed. 2 6. Compensation for sex related harassment will be considered at the remedy hearing on 13 March 2026 which is now confirmed. It will take place by CVP before Employment Judge George, Ms H Gunnell and Mr J Vaghela. The parties must be ready to join by 09.45. The hearing has a time estimate of one day. REASONS The Hearing 1. At the start of the hearing, we had available a final hearing file which had 274 pages to which some additions were made as we explain below. That is re…