Green’s firm, the missing evidence and claims of a cover-up

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SIR PHILIP GREEN’S retail empire Arcadia faced accusations of a cover-up last night after it emerged crucial witness testimonies were left out of a report into sexual harassment.

Two male executives told a lawyer that they had witnessed Sir Philip as he “slapped” a woman’s bottom on several occasions, but their comments did not appear in a final report into the allegations, an investigation by The Telegraph has established.

Offensive remarks by the Topshop owner about the woman who made the complaint were also disregarded, wellplaced sources told this newspaper.

Deborah Cooper, the lawyer who carried out the inquiry into the complaint, later alleged that she was bullied by the businessman during the course of the probe, a court was told during a hearing about the case.

After the final report cleared the billionaire of any sexual misconduct, the woman who raised the grievance settled her claim against Arcadia for more than £1million on the condition she signed a controversial non-disclosure agreement (NDA) that banned her from speaking out about what happened.

The disclosure about the “cover-up” raises questions not only about the integrity of the investigation, but also the legitimacy of the NDA.

Last night, a member of an influential parliamentary committee said that it raised the prospect that the woman may have not entered into the settlement “freely”.

Jess Phillips, who sits on the women and equalities committee, said: “If the evidence is questioned, and the grievance process is questioned, how can it be said that the agreements were entered into freely? It certainly suggests that the process was not fair”.

When The Telegraph first reported the allegations surrounding Sir Philip last year, it triggered a debate about whether alleged victims should be able to speak out if they have signed socalled “gagging clauses”.

The revelations are likely to reignite calls for NDAs to be reformed, amid concerns that they are being used to hide unethical behaviour.

Writing in The Sunday Telegraph today, Penny Mordaunt, the Minister for Women and Equalities, says that the Government will not tolerate “abhorrent” bullying and harassment in the workplace.

She says that The Telegraph investigation has “brought to light that some of these confidentiality agreements are being misused as a way to hide workplace harassment or intimidate victims into silence”.

Ms Mordaunt says that the Government will launch a consultation about reforms to NDAs so that workers cannot be “intimidated”.

“I particularly want to know when they have been used badly to intimidate and to cover up sexual har- assment or discrimination”, she says. Yesterday, The Telegraph revealed how Sir Philip had made substantial payments to staff who had raised complaints about his behaviour.

Despite the scandal, Baroness Brady refused to resign as chairman of Sir Philip’s business empire despite repeatedly condemning other rich men facing similar allegations.

The Apprentice star and government adviser, a self-styled champion of women in the workplace, told a reporter she would “not be resigning” as chairman of Taveta Investments, the company that owns Arcadia Group, adding: “Why should I?”.

But details of the “cover-up” will heap further pressure on executives from the company, who have so far failed to answer questions about what they knew of the misconduct

allegations or the pay-offs, and when.

The Telegraph understands that the woman whose claim was investigated by Ms Cooper received more than £1million after she accused the retail tycoon of groping her.

The senior female executive complained that Sir Philip had called her a “naughty girl”, kissed her face, slapped her bottom and made comments about her weight, that left her and others present feeling “uncomfortable”.

She first raised a grievance in 2017

about Sir Philip’s behaviour, it is understood, telling bosses that many of the incidents had happened in the middle of the office.

Ms Cooper, a lawyer working for Arcadia, was put in charge of carrying out an investigation. Around 10 people were interviewed as part of the inquiry, but The Telegraph has learnt that two corroborated the woman’s complaint and told Ms Cooper that they witnessed Sir Philip “slap” the woman’s bottom and their words were omitted from the final report.

One, a senior finance executive, is understood to have said that although he could not remember a specific meeting where an incident allegedly took place, he had witnessed Sir Philip “slap” the woman’s bottom and threaten to “smack” her on other occasions. It is understood that he believed the billionaire’s behaviour made the woman feel “uncomfortable” and she felt like she had to “put up with it”.

However, it is understood that the final report only stated that the executive could not “recall” a specific meeting in question.

A black employee also received close to a million pounds after complaining that he had been racially abused. Sir

Philip was alleged to have said that his “problem” was that he was still “throwing spears in the jungle”.

On another occasion, Sir Philip is then said to have barked: “What the f--have you got on your head?”, which, according to some people present, appeared to be directed at the man’s dreadlocks.

An investigation by this newspaper found that five complainants each signed a gagging clause as part of the settlement deals.

Two other women alleged they were sexually harassed by the billionaire and a man complained about aggressive and intimidating behaviour when Sir Philip allegedly smashed the executive’s mobile phone after reprimanding him for not keeping him sufficiently informed.

The revelations led to calls for NDAs to be reformed.

Auna Irvine, a former Topshop manager in America who has spoken publicly about her treatment at the hands of Sir Philip, urged other victims of harassment in the workplace to come forward.

“It’s so wrong that a piece of paper should stand in the way of a person telling how they were violated”, she said.

Maria Miller, the chairman of the women and equality committee, said: “It is clear that NDA agreements are being used across the board and in some instances they are being used to cover up criminal behaviour.

“The fact that in this case the judge has made clear that the NDAs stand is a reflection of the current law and why Parliament needs to consider changing the law”.

‘It’s so wrong that a piece of paper should stand in the way of a person telling how they were violated’

Rebecca Hilsenrath, the chief executive at the Equality and Human Rights Commission, said: “The use of NDAs exposes an additional, sinister aspect to sexual harassment at work. We have repeatedly said that they should only ever be used at the victim’s request to avoid hiding harassment, protecting perpetrators and ultimately silencing victims.

“The Government’s indication that it will consult on the use of NDAs is encouraging, but if we are to create working environments that allow everyone to reach their full potential, we need more action now.”

Mr Justice Warby, who formally lifted an injunction against The Tele

graph preventing reporting of allegations of sexual harassment and racist abuse, said in his judgment that the Court of Appeal had taken “the view that, on the evidence before it, the NDAs had been entered into freely, with the benefit of legal advice, and that the claimants were likely to persuade the court at a trial that publication of the information in question should not be allowed”.

Sir Philip has always denied that his actions were “unlawful” and described them as “banter”.

Ms Cooper declined to comment on the allegations.