Edinburgh, Fife & East Scotland

Dynamic Earth worker wins sex harassment case

Our Dynamic Earth
Image caption Dora Alves, 26, was spied on by James Tuff while employed at Dynamic Earth in 2007

A female worker at an Edinburgh visitor attraction, who was stalked on CCTV by a security guard, has won her case for sexual harassment.

Dora Alves, 26, was spied on by James Tuff while employed at Dynamic Earth in Edinburgh in December 2007.

Tuff used cameras to watch and then radio her with lewd comments.

A panel has now ruled the woman was "sexually harassed" and ordered her former employers to pay out £27,750 in compensation.

Tuff has also been told to pay £1,000.

He told her on one occasion to "shake your bum" while she carried out cleaning duties.

Tuff later sexually assaulted Miss Alves which saw him charged and fined £500 at court.

Miss Alves, who is Portuguese, took Dynamic Earth to an employment tribunal in Edinburgh claiming they had failed to deal with her complaint properly.

Mobile phone

The hearing was earlier told Tuff had used the CCTV to track Miss Avles as she did her cleaning job.

Miss Alves said: "At first it was just the odd comment about my body, he would say things about me having a real woman's body compared to Scottish women.

"But, soon after, he would appear out of nowhere when I was cleaning in the toilets.

"I would turn around and knock into him at the door. Other times when I cleaned, I would often have to kneel or bend down to hoover under tables and suddenly he would be there.

"The only way he could know where I was would be to follow me on the cameras."

Tuff, believed to be in his 50s, also took a photograph of her on his mobile phone from a CCTV image.

Miss Alves went to her supervisor about this but he took no action.

Miss Alves also told the tribunal that she would listen to music during night shifts.

She went on: "I was dancing around one time and he came on the radio saying he liked how I shook my bum and told me to move my body more. I realised he was watching me and I was terrified."

Sex offenders list

Miss Alves said the final straw was in November 2008 when Tuff once came out of his office and grabbed her from behind.

Tuff was convicted at Edinburgh Sheriff Court last year and placed on the sex offenders list for three years.

He resigned from his post at Dynamic Earth as a result.

Miss Alves claimed at the tribunal her former employers knew she was being harassed, but took no action.

She also said bosses also failed to act properly after she reported the sexual assault.

Employment Judge Stewart Watt said: "The tribunal had no doubt at all that there had been continual sexual harassment by Mr Tuff of the claimant culminating in the sexual assault.

"The tribunal considered the claimant to be a truthful and honest witness."

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