A senior British Council official who sexually harassed and stalked a colleague was protected by the organisation which tried to blame the victim for his actions, a tribunal has ruled.
Tony Reilly OBE obsessively pursued the woman when they were working together in Morocco, deluging her with gifts, sending text message declarations of love, and sneaking into her home to leave flowers.
In one message, Mr Reilly – the British Council’s country director for Morocco – suggested he had “Obsessive Love Disorder”, he sent her a half-naked picture of himself, and was spotted loitering outside her home.
An internal discplinary process concluded Mr Reilly was responsible for two instances of unwanted physical contact, while his actions amounted to harassment and stalking.
But officials attempted to blame Mr Reilly’s behaviour on the victim, the tribunal ruled, they prioritised his wellbeing over hers, and tried to “romanticising” his messages as being from “a spurned lover trying to understand why things went wrong”.
The victim – referred to as KJ – who was significantly younger than Mr Reilly, quit her British Council role in disgust at the grievance process, and is now set for a damages pay-out after winning a tribunal claim of unfair dismissal, harassment, and discrimination.
The East London Tribunal panel, led by Judge Stephen Shore, concluded the British Council - which represents the UK abroad and receives government grants – had failed to protect the victim, caused distress and harm with delays in handling her complaints, and had “prioritised Mr Reilly’s welfare over (hers)”.
The hearing was told Mr Reilly and KJ initially exchanged flirtateous messages, but she had a “wake-up call” and made clear she was not interested in him.
But Mr Reilly, whose marriage had recently broken down, continued his pursuit between October 2020 and April 2021.
In November 2020, he wrote that he was “yearning for a cuddle, caress, contact”, and separately he messaged to say: “Feel very naughty this morning. Would so love to make your first nespresso, bring it up the spiral staircase, with a glass of freshly squeezed orange juice, give you a very soft kiss on the forehead and leave…Last message. Promisexxxx”
The victim set out to the tribunal how Mr Reilly had turned up at a bar where she was having drinks with friends, and later messaged: “Sorry. I shouldn’t have come. Just wanted to see you x”.
She received “angry messages” from him when she did not contact him on a Moroccan public holiday, and later in the day spotted his car outside her home.
KJ also set out his habit of “excessive gifting”, including chocolates and packets of biscuits sent by a driver to her home, an expensive vase on her birthday, and spa treatment vouchers.
On December 2, 2020, she described the “horrible” discovery of flowers inside the garage of her home, when she did not know how he had gained access.
The tribunal critcised elements of the disciplanary process as “unfair” and attempts to “normalise Mr Reilly’s stalking behaviours”.
Mr Reilly, who in one message to the victim admitted his actions had been “tantamount to harassment”, was not involved in the tribunal process. He left the British Council in August 2022 and now works as a leadership consultant.
Joe Nicholls, a partner in law firm Stephens Scown which represented KJ, welcomed the ruling that British Council investigation had been “seriously flawed”, and added: “This ruling should send a clear signal that allegations of sexual harassment need to be taken seriously and thoroughly, objectively and independently investigated, ensuring that the complainant is adequately supported.”
A hearing is scheduled for December or early next year to determine the level of damages and compensation owed to KJ.
A British Council spokesperson said: “As an employer, we aim to create a safe, healthy, and fair working environment for all colleagues and remain committed to thoroughly investigating any complaints about discrimination or harassment.”