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MoJA former employee of the Derbyshire NHS Foundation Trust has won her legal claim against the organisation after she claimed that she had been called a “whore” and unfair dismissed.

An Employment Tribunal ruled that Helen Marks, formerly Human Resources Director at Derbyshire NHS Foundation Trust, had been sexually harassed by the chairman of the Trust and that she had then been unfairly dismissed by the organisation.

Mrs Marks gave evidence to the Employment Tribunal that the chairman of the Trust, Alan Baines, started a friendship in 2010 with Mrs Marks and the two started going on regular lunch dates, at which they would not only discuss their professional work but also their personal lives. In 2014 Mr Baines made sexual advances to Mrs Marks but Mrs Marks refused.

Mrs Marks also stated in her evidence that upon her refusal to have sexual relations with Mr Baines he sent her a number of derogatory text messages (including one text message in which he called her a “whore”) and started to encourage other staff members to complain about her so that he could start disciplinary proceedings. Mrs Marks was later suspended from work and subsequently dismissed on allegations of bullying.

The Tribunal also heard that Mr Baines had been protected by chief executive Professor Steve Trenchard in that Mr Baines had been allowed to leave Derbyshire NHS Foundation Trust with his “good name” intact.

Following her dismissal Mrs Marks made a claim to the Employment Tribunal for unfair dismissal, sex discrimination, sexual harassment, gender-related harassment and victimisation.

The Derbyshire NHS Foundation Trust denied all of the allegations and the matter went to the Employment Tribunal earlier this year.

The Employment Tribunal ruled in Mrs Marks’ favour in her claims against the Derbyshire NHS Foundation Trust, holding that Mr Baines had unfairly dismissed her and that he had also subject her to unlawful sex discrimination, harassment and victimisation.

Compensation in the case will be determined at a future hearing.

Speaking after the hearing, Mrs Marks stated: “I feel totally vindicated in pursuing the action. I hope that the Trust will learn from its mistakes and make appropriate changes to its policies and procedures so that, in future, its staff are not subjected to similar behaviour.”

Chris Hadrill, a specialist employment solicitor at Redmans, commented on the case: “Employers should ensure that they train staff in equality policies and that all staff have access to a copy of the employee handbook and/or diversity documentation. A failure to do so can potentially render an employer liable for discrimination and harassment.”

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. Redmans have offices in Richmond, Chiswick, Hammersmith, Fulham, Kingston, Wimbledon, Ealing, Kings Cross and Marylebone (meetings strictly by appointment only).

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Testimonials

4.63 Average

30 Reviews

Anonymous

Immediate response to my initial enquiry. Very clear throughout the whole process and thorough and great communication which worked really well during quite a stressful time. Chris Hadrill was extremely helpful and made me feel at ease.

Posted 2 months ago

Nick D

I received a very professional service from Chris. The advice given really helped to leave me comfortable to sign the settlement agreement following my redundancy. Would be happy to recommend your services to others.

Posted 2 months ago

Anonymous

Excellent service from initial contact to deliverables.

Posted 3 months ago

Virginia K

Yes, Chris Hadrill answered all my questions and I feel more confident with my current situation

Posted 3 months ago

Anonymous

Chris Hadrill was referred to me my a friend of mine. I found the service to be efficient, quick and like Chris's direct approach to my work. Well done and thank you Chris!

Posted 3 months ago

Andy W

Very prompt & structured service that helped put my mind at rest at a difficult time

Posted 3 months ago

Anonymous

I have found Redmans to be very helpful, diligant and thoroughly professional when dealing with them, plus they gone that extra mile for me !

Posted 3 months ago

Anonymous

Thank you to Chris Hadrill at Redmans for his assistance in settling my case. I contacted him at the very last minute and he was happy to help me and managed to get everything done on time and in a very professional manner. I will definitely be happy to work with him again .

Posted 4 months ago

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 7 months ago

Steven

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

Posted 7 months ago

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 7 months 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 7 months ago

Anonymous

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

Posted 8 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 8 months ago

Anonymous

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

Posted 8 months ago

Anonymous

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

Posted 8 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 8 months ago

Anonymous

Excellent work delivered with great quality

Posted 8 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 8 months ago

Kurt

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

Posted 8 months ago

Anonymous

Resolved my issues

Posted 8 months ago