British workers can be liable for harassment simply by sending a GIF to a colleague, a new ruling has confirmed.
An employment judge has determined that these short, animated images, widely used on messaging apps, can “intimidate”, “humiliate”, and even “degrade” an individual.
Sending an unwanted GIF can amount to harassment under UK employment law.
The precedent was set after a female security guard, Georgiana Ursuleanu, won almost £14,000 in a harassment case.
She lodged the complaint after her co-worker, Dale Rae, sent her a GIF saying “bitch I am lying”.
Ms Ursuleanu, who worked at a Covid vaccination centre, then received another GIF from Mr Rae, depicting Jim Carrey with a sarcastic smile.
She said that the animated images left her in tears due to the distress caused.
She won her sex harassment case at Liverpool Employment Tribunal and was awarded £13,736.
GIF stands for Graphics Interchange Format. They can be sent using WhatsApp, Messenger, and also via text or email.
Ms Ursuleanu, who is Romanian, worked as a security guard for Vicars Cross Healthcare Limited, a pharmacy with a vaccination centre in Chester, from August 2022 to March 2023 during the Covid-19 pandemic.
She had struck up a friendship with Mr Rae.
In February 2023, after a fire inspection, Ms Ursuleanu sent Mr Rae a message saying ‘hi’, to which he responded with a GIF that said “drama incoming”.
She followed up by saying that “all staff needed to sign a fire risk assessment and the fire extinguishers needed to be tested” after the inspection.
She also sent three messages to the work group chat to confirm the instructions the fire service had given the team, to which Mr Rae responded: “already sorted today don’t worry.”
However, when Ms Ursuleanu sent a thumbs up emoji in response, he sent a GIF that read: “BITCH I AM LYING”, before saying that he would sort it out soon.
She replied: “very professional”.
In response, Mr Rae sent a GIF of Jim Carrey with a sarcastic smile.
On March 12 Ms Ursuleanu sent Mr Rae a video of her crying and saying “this is racism [and] discrimination” and referring to his “f***ing text” and use of the word “bitch”.
She also told him that a volunteer at the site had, just a couple of days earlier, told her that she “went to school with Putin” and that she was “acting like Putin”.
The next day Mr Rae sent a long message apologising to Ms Ursuleanu, saying that he had “simply typed into the GIF search box” the words “I am joking” and the GIF had been within the list provided.
Ms Ursuleanu’s contract ended in March 2023 as was scheduled, but she took her employer to a tribunal in Liverpool alleging that the GIFs she had been sent amounted to harassment.
Employment Judge Jennifer Ainscough agreed, stating: “[Mr Rae] admitted that on 12 March 2023 he sent [Ms Ursuleanu] a GIF that said: “Bitch I am lying”.
“It is clear from [Ms Ursuleanu’s] replies to that message that it was an unwanted comment. [Ms Ursuleanu] has not proven facts that it was related to her nationality.
“[Ms Ursuleanu] has proven facts that it was related to her sex. The Tribunal has determined that [Mr Rae] sent this particular GIF to [Ms Ursuleanu] because she was a woman.
“During his evidence, [Mr Rae] informed the Tribunal that he was gay and that the word ‘bitch’ was commonly used in this community… as a term of endearment.
“[Mr Rae] said it was a joke between friends about work he had not done and had been caught out not doing.
“The Tribunal has accepted the evidence of [Mr Rae] that the purpose of the GIF was not to violate [Ms Ursuleanu’s] dignity or create the intimidating, hostile, degrading, humiliating or offensive environment.
“However, the GIF was sent in a group chat two days after the ‘Putin’ comment. [Ms Ursuleanu] sent [Mr Rae] a video the same night to show the comment had the effect of violating [Ms Ursuleanu’s] dignity and/or creating an intimidating, hostile, degrading, humiliating or offensive environment.
“The Tribunal has determined that, given the derogatory nature of the comment, it was reasonable for the GIF to have that effect on [Ms Ursuleanu]. It was made in a group chat, [Ms Ursuleanu] was already upset about the ‘Putin’ comment, and it was [Ms Ursuleanu’s] evidence that even her friend was making abusive comments to her.
“The Tribunal has therefore concluded that this did amount to harassment related to [Ms Ursuleanu’s] sex.”
Ms Ursuleanu also recorded a sexist conversation between two vaccinators who likely knew she was able to hear them, for which she successfully claimed for sexual harassment.
She also brought forward claims of harassment related to race and sex, direct race and/or sex discrimination, victimisation and detriment because of a protected disclosure, which were each unsuccessful.
