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Chris Hadrill, a specialist employment solicitor at Redmans, answers the question:

“I work for a law firm in the City of London and have been dismissed by my boss because I ended a sexual relationship I was having with him – do I have a claim?”

If, in asking ‘what can I do’, you’re asking whether you can bring a claim against your previous employer and/or your previous boss in the circumstances, this will depend on a number of factual and legal issues – we’ll address these below. From an analysis of your question, it appears that you have the following potential claims against your previous employer and/or previous boss:

  1. Unfair dismissal
  2. Notice pay
  3. Direct sex discrimination
  4. Sexual harassment
  5. Gender-related harassment
  6. Victimisation

Unfair dismissal

In order to bring a claim for unfair dismissal you must have been an employee of the law firm and have been employed continuously by the firm for at least two years to the date of your dismissal. Assuming that these criteria are satisfied, whether your dismissal would be fair or not would depend upon the reason that your previous employer gave for your dismissal, whether a fair disciplinary procedure was followed prior to your dismissal, whether you were allowed to appeal against your dismissal, and whether the decision-maker reasonably and genuinely believed you should be dismissed based on the allegations put to you. We would therefore need to collect further information from you in order to determine the prospects of success of an unfair dismissal claim.

Notice pay

Whether you would succeed on this claim would depend on whether you were contractually-entitled upon the termination of your employment to be paid your notice pay. Again, we would need more information to be able to give you our opinion on the prospects of success of a claim for notice pay.

Direct sex discrimination

In order to succeed with a claim for direct sex discrimination you would need to show that, in being dismissed, you were treated less favourably than a comparable male employee had been treated or would be treated. There is a substantial amount of precedent (for example, B v A [2007] UKEAT/0450/06/0901 and Martin v. Lancehawk Ltd (t/a European Telecom Solutions) [2004] UKEAT/0525/03/2203) to suggest that it would be difficult for you to succeed with a claim for direct sex discrimination in the circumstances, as you would need to show that a homosexual male employee would not have been dismissed if they had ended a sexual relationship with their homosexual male boss.

Sexual harassment

If you were subjected to any unwanted sexual conduct by your boss after you ended the relationship then you may have a claim for sexual harassment – again, further information would be needed to give you a view on the prospects of success of such a claim.

Gender-related harassment

If you were subjected to any unwanted conduct related to your gender by your boss after you ended the relationship then you may have a claim for gender-related harassment – again, and not to sound like the proverbial ‘broken record’, we would need further information in order to advise you on the prospects of success of such a claim.

Victimisation

If you filed a grievance against your boss (formal or informal, verbal or written) because of any discrimination or harassment that you believed you had suffered from him and were then subjected to any detriment then you would have a claim for victimisation if you could show that the detriment you suffered was because of the complaint you made. Again, further information would be needed on this point.

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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Please feel free to discuss your own position and concerns. Contact your nearest office on:

T: 020 3397 3603
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Testimonials

4.67 Average

66 Reviews

Anonymous

As with All solicitors advice without consequence but understood and communicated my legal position

Posted 1 week ago

Anonymous

Prompt, professional and excellent service.

Posted 1 week ago

Dominic C

Excellent service, prompt and helpful

Posted 2 weeks ago

Anonymous

I found Redman’s to be very efficient and got me the best deal available in the short time scale that was available.

Posted 2 weeks ago

Victor L

Very professional. Provided excellent advice on my Settlement agreement.

Posted 2 weeks ago

Anonymous

Professional from start to finish.

Posted 2 weeks ago

Oliver W

Excellent service provided by Redmans, will certainly consider using again.

Posted 2 weeks ago

Melanie H

Very professional and extremely personable service. Thank you very much.

Posted 4 weeks ago

Anonymous

I found Chris to be very approachable and easy to speak with about complex matters. He took action quickly and his updates to me, as his client, were prompt. I would recommend Chris and the team at Redmans without hesitation.

Posted 4 weeks ago

Anonymous

Good advice

Posted 4 weeks ago

Anonymous

Overall happy with the service provided by Chris and Rana.

Posted 4 weeks ago

Anonymous

Chris and Rana provide a great service, very informed, diligent and care about your result, would recommend Redmans

Posted 4 weeks ago

David W

A speedy efficient friendly service, I would definitely recommend Redmans Solicitors for processing Settlement Agreements.

Posted 4 weeks ago

Anonymous

Both Rana and Chris were fantastic. From the first phone call I was confident my matter was in good hands. I was not disappointed. I would highly recommend Redmans. Thank you again for all of your support and advice.

Posted 1 month ago

Federico S

Great advices and communication. Through Redmana I obtained match more than what I thought. Highly recommended

Posted 1 month ago

Tom G

A good and efficient service with the required legal advice provided for a settlement agreement.

Posted 1 month ago

Francis T

The solicitor I used was Chris Hadrill, who I found extremely professional and I felt that he made me feel at ease, considering the subject matter he was assisting me with.

Posted 1 month ago

Anonymous

Chris provided excellent assistance with the negotiation of my settlement agreement. From start to finish, I was consitently updated and advised on the best course of action to take. I would highly recommend Chris and Redmans Solicitors.

Posted 1 month ago

Anonymous

They are busy people but manage well so generally I would recommend them.

Posted 1 month ago

Anonymous

Very efficient and professional service from my first phone call making an enquiry. Timescales of the matter in hand were met and within the agreed budget. Would highly recommend Redmans

Posted 1 month ago

Lisa B

Really very good service, always available to answer questions, provide my with any information I needed to make informed decisions.

Posted 1 month ago