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MoJA solicitor has been awarded £8,000 after an industrial tribunal found that she had been discriminated against by her employer, the Equality Commission.

The industrial tribunal found in Elizabeth Kennedy’s favour after she was not allowed to return to her permanent job after a five-year career break from her employer, despite having been led to believed that she could.

Ms Kennedy worked as a legal officer for the Equality Commission and took a career break January 2009. She renewed this career break four times to extend to the break to five years, which was the maximum available under the Equality Commission’s career break policy.

She told her employer in September 2013 that she intended to return to work in January 2014 but was not told until December 2013 that she would not be able to return.

After being informed that she would not be able to return to her employment Ms Kennedy made a claim for sex discrimination to the industrial tribunal, alleging that she had been indirectly discriminated against by the Equality Commission.

The claim came to the industrial tribunal earlier this year, with the industrial tribunal ruling in favour of Ms Kennedy in her claim for indirect sex discrimination. The tribunal found that the Equality Commission had known since at least 2009 that people on career breaks would not be permitted to return to work and that the failure to implement the policy properly was unfair. However, the industrial tribunal also stated that the Equality Commission had not intended to discriminate against Ms Kennedy.

The industrial tribunal awarded Ms Kennedy £7,500 for the injury to her feelings caused by the discrimination, as well as a fure £637 in interest.

The Equality Commission commented on the judgment of the industrial tribunal: “The career break policy was agreed with the employees’ trade union in 2001,” the commission added. It was a policy aimed at providing greater flexibility for employees. Since then a considerable number of employees have benefitted from the policy. The changing financial position and staffing reductions over the past five years resulted in difficulties for the commission in facilitating a return to work for staff at the end of the career breaks.”

Chris Hadrill, an employment solicitor at Redmans, commented on the case: “Employers must ensure that they implement equality policies at work fairly and consistently or they could face potentially expensive and time-consuming tribunal claims. If you think that you may be sued by a current or former employee then you should take legal advice on your position.”

About

Redmans Employment Team deal with employment matters for both employers and employees, including drafting employment contracts and policies, advising employers and employees on compromise agreements, handling day-to-day HR issues, advising on restructures, and handling Employment Tribunal cases for both employers and employees

Call 020 3397 3603 to speak to one of the members of our employment team or email us on enquiries@redmans.co.uk.

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Testimonials

4.52 Average

21 Reviews

Redman's provided excellent legal employment advice for me during a difficult time in my employment. Chris was my lawyer, super efficient, quick, reliable and clearly very experienced in the matter. Could not ask for a better law firm to deal with your query if you are in need of some help. Would definitely use them again in the future. Highly recommending Chris.

Posted 1 month ago

Steven

Chris Hadrill was very professional and responsive. I would highly recommend him

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Dinah

Very Efficient, with very quick email reply’s. I had a matter that needed resolving within a very short space of time and Redmans Solicitors were great with dealing with my matter quickly.

Posted 1 month ago

Ankar

At Redmans the solicitor that was dealing with me was Chris. He dealt with my situation smoothly with clear guidance and explanation

Posted 1 month ago

Anonymous

Clear, concise advice and guidance delivered by an experienced and very capable solicitor, within the timelines required

Posted 2 months ago

Anonymous

Very efficient service. I never had to wIt for more than a day for a reply to any of my queries and the matter was dealt with swiftly.

Posted 2 months ago

Anonymous

Very timely, thorough and helpful advice. Friendly and considerate of the needs of the client

Posted 2 months ago

Anonymous

Very prompt and attention to detail. Thank you for the service

Posted 2 months ago

Chris

Couldn’t be happier with how Redmans successfully handled our seemingly tricky case. By being clear and detailed every step of the way, with the utmost professionalism and courtesy, they made it an informative and eye-opening process, taking the stress out of the situation and ultimately delivered what you would want from such a service. I fully appreciate everything they have done, and if I am ever in need of such services in the future, they will be the first number I contact. Excellent.

Posted 2 months ago

Anonymous

Excellent work delivered with great quality

Posted 2 months ago

Dominic

Chris Hadrill was a great help both in terms of his advice and his expertise. He explained my options to me clearly and concisely enabling me to quickly make the right decision for me in the circumstance. I would not hesitate to recommend Chris or Redmans to friends or colleagues, and would certainly make Redmans my first port of call should I require a similar service in the future.

Posted 2 months ago

Kurt

Redmans gave excellent advice and helped me understand everything in clear concepts. Thank you!

Posted 2 months ago

Anonymous

Resolved my issues

Posted 2 months ago

Keith

Quick fast professional service.

Posted 2 months ago

Michael

"Prompt, efficient and practical advice that resulted in me getting some additional money tax free."

Posted 2 months ago

Anonymous

Patient and thorough advice given to me around my Settlement Agreement

Posted 2 months ago

Anonymous

"Excellent service, getting back to you promptly giving you very good advice."

Posted 2 months ago

Anonymous

I found Chris Hadrill to be an excellent help, he is very knowledgeable and gives good ,concise ,strategic advice .He makes himself readily accessible when you need him.I would personally highly recommend him.

Posted 2 months ago

Christine

Professional, efficient and reliable service provided. I strongly recommend them and I would use this service again.

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