The female employee who made a complaint of inappropriate behaviour against Christian Horner will take her case to an employment tribunal if an appeal against the dismissal of her grievance is unsuccessful, the Guardian understands.
The action would potentially put the hitherto private details of the case that has engulfed Formula One and the Red Bull team principal for almost two months into the public domain.
Red Bull Racing’s parent company Red Bull GmbH announced in late February that Horner had been cleared of the allegations after a private, independent investigation and the employee, who has not been named, subsequently launched an appeal against the decision.
No details of the investigation, the name of the KC that conducted it, information about the nature of the complaint or the findings of the inquiry have been released because of confidentiality, Red Bull GmbH has stated.
Horner has always emphatically denied any wrongdoing and has called for a line to be drawn under the matter. The Guardian understands from industry insiders however that the complainant will take the grievance to an employment tribunal in the event her appeal fails.
Legal experts say such a move would simply follow an anticipated process. “It’s like a roadmap, these are the stops along the way,” said Tania Goodman, the head of employment and a partner at the law firm Collyer Bristow. “If an employee has a complaint or grievance, they raise it internally, perhaps informally at first but if it’s not resolved then it becomes formal and is investigated and considered, usually as part of a grievance hearing after which an outcome is given.
“If the employee is not happy with the decision, then they can appeal internally and at the end of that process if they’re still not satisfied they can go to an employment tribunal.”
The day after the Red Bull complainant’s grievance was not upheld, during the opening grand prix of the season in Bahrain, an email was leaked to the FIA, F1, the teams and the media containing messages purporting to be between her and Horner. The veracity of the messages has not been confirmed nor have Red Bull confirmed or denied whether the messages formed any part of the investigation
Unsurprisingly speculation around the case has remained rife, given the paucity of information and the strictly private nature of the investigation. “In those circumstances [going to an employment tribunal] the confidentiality that attaches to internal procedures would no longer apply,” said Goodman. “A final hearing is open to the public during which information about the case is available including the nature of the complaints, witness evidence, submissions, the tribunal’s conclusions, and a written judgment.”
Since her grievance was dismissed, the woman in question has been suspended from her job at Red Bull Racing, pending a disciplinary investigation, it is believed on the basis of the evidence she gave to the investigation.
Friends of the employee have told the Guardian she remains determined despite what they describe as orchestrated attacks on her.
“She is stoical but it is a difficult time,” one ally told the Guardian. “She has been suspended from a job she loves in an industry where she is highly regarded after she tried to do everything by the book.”
Although it is reported the process began in early January it is now believed that the complaint was originally raised in November of last year and it remained private for a long period of time before it was leaked to the press and then confirmed by Red Bull GmbH in early February.
The appeal process remains under way and Red Bull GmbH has given no indication of when it will conclude.
Red Bull Racing and Red Bull GmbH have been contacted for comment.