A building company was responsible for the alleged rape of an employee by her manager after a work Christmas party, a tribunal has ruled.

In a highly unusual case, an employment judge has ruled Crest Nicholson was responsible for the sex attack which allegedly took place in a hotel after the bash in a West End club.

The firm had a duty to protect the victim as the party took place on an ordinary working day and staff were able to claim expenses to attend, an employment tribunal concluded.

Events at the party which led up to the alleged rape – where the manager had reportedly groped another female employee – “cried out for decisive action” from senior colleagues, the panel said.

Instead the rape victim was left to “fend for herself”, something she was “ill equipped to do”, the tribunal stated.

Following the ruling, the married woman – who cannot be named for legal reasons – is in line for compensation from the firm.

The hearing in Cambridge was told she had been working for the house builder on the same site as the unnamed manager who is said to have attacked her.

The company hosted a Christmas party held at the Piano Works club in November 2019.

More than 80 people attended and staff were allowed to claim £50 in expenses to cover travel and accommodation, the panel was told.

The event started at 1pm and a free bar operated all day, the tribunal heard.

The woman, who had arranged to share a hotel room with two female colleagues, began the festivities with a glass of prosecco.

She told the tribunal that during the afternoon, the site manager started paying attention to her, describing how “whenever she turned around he seemed to be there”.

Drinking games were played, and another colleague – known only as Ms V – described him as becoming “touchy feely”.

The site manager’s behaviour became “progressively worse” and at one point he pinned Ms V against a pillar, and groped her across both breasts, the panel heard.

His behaviour was not reported to senior management, and he remained at the party, the tribunal was told.

Later in the night, the site manager’s victim – who was drunk, having had five or six bottles of beer – was seen leaving the party with him, the panel heard.

Once in a taxi together the site manager tried to kiss her.

“Her misplaced sense of trust in the site manager led her first to get into a taxi with him, where he made an initial unwanted advance when he tried to kiss her, and thereafter resulted in her allowing him to accompany her back to her hotel,” the tribunal found.

“The Site Manager raped [her] in her hotel room. We find that she did not consent to any form of sexual activity with him and indeed find that in her intoxicated state she lacked essential capacity to give such consent.”

The woman took time off work, and reported the attack to her husband, the police and her employers.

The site manager was suspended while the company launched an investigation but while off work he rang his victim and told her “both our families have a lot to lose” in an attempt to “coerce her”, the tribunal heard.

He was later sacked over his behaviour towards Ms V at the party.

The woman’s mental health deteriorated and she resigned, the tribunal heard.

She was later told by the Crown Prosecution Service there was insufficient evidence to continue with the case against her attacker, and took Crest Nicholson to the tribunal claiming sex harassment and discrimination.

The tribunal disagreed with the company which argued it could not be held responsible for what happened as the incident did not take place in the workplace or during ordinary working hours.

Employment Judge Roger Tynan said: “We conclude that the ordinary layman would say that the events in the taxi and in [her] hotel room...were done in the course of his employment, rather than isolated, discrete acts.

“Accordingly... [Crest Nicholson] is responsible for those acts of his.”

The tribunal also ruled the company had failed to put “reasonable safeguards” in place to protect its staff at the Christmas party, and said the woman had been left to “fend for herself” when targeted by the site manager.

Mr Tynan added: “On any reasonable and sensible view, the site manager should have been excluded from the party and suspended from his employment either immediately or at the earliest possible opportunity.

“The situation cried out for a decisive intervention.

“[The woman] was left by [colleagues] to fend for herself, sadly something that night which she was ill-equipped to do.

“The company failed to fully discharge its responsibilities to protect her.”

While the woman’s claim of harassment succeeded, her claim of discrimination failed.

A hearing to decide how much compensation the woman should receive will be held at a later date.

Crest Nicholson was contacted for comment.