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redmans-blog-casesSummary

How Chris Hadrill successfully represented a client in his claim for sexual orientation discrimination in the Employment Tribunal on a ‘no win no fee’ basis and secured a settlement of £13,000 at the court door.

Under the Equality Act 2010, employees can make a claim to the Employment Tribual if they believe that they have been discriminated against, harassed or victimized because of their race (or any other ‘protected characteristic’). Potential claims include the following:

  • Section 13 Equality Act 2010 – to make a claim to the Employment Tribunal for direct religious belief discrimination if they believe that they have been treated less favourably because of their religious beliefs (“direct religious belief discrimination”)
  • Section 19 Equality Act 2010 – to make a claim to the Employment Tribunal for indirect religious belief discrimination if they believe that they have been discriminated against by a practice, criterion or provision of their employer’s (“indirect religious belief discrimination”)
  • Section 26(1) Equality Act 2010 – to make a claim to the Employment Tribunal for religious belief-related harassment if they believe that they have been subjected to unwanted conduct related to their (or another person’s) religious beliefs which has the purpose or effect of creating a hostile work environment or humiliating them
  • Section 27 Equality Act 2010 – to make a claim to the Employment Tribunal for victimization if they believe that they have been subjected to a detriment because they have, for example, threatened to make a claim for religious belief discrimination to the Employment Tribunal

Situation

Norman (not his real name) worked for a specialist staff agency (“the Staff Agency”). Norman was (and is) homosexual, and he had not publicly ‘come out’ as such (although he had disclosed this to some select colleagues at work, he had not disclosed his sexual orientation to all colleagues).

Mrs X was the owner and sole director of the Staff Agency. She was also Norman’s line manager. Mrs X discovered that Norman was gay and he felt awkward about lying to her, so told her that he was. Mrs X subsequently informed her colleagues that she was “furious” about Norman’s sexual orientation and “disappointed” that she had employed him (because of his sexual orientation).

The situation subsequently deteriorated at work for Norman, with a number of responsibilities removed from him and deductions being made from his wages. Colleagues also did ‘stereotypical’ imitations of Norman, speaking in a high voice in his presence and doing a ‘limp wrist’ gesture.

Norman complained to Mrs X about the detriments he had been subjected to and alleged that he was being discriminated against because of his sexual orientation. Mrs X responded by informing Norman in a face-to-face meeting that the contents of his grievance was “nonsense” and “lies”, and that he had “problems in his head”.

After a few more weeks Norman felt that he could not continue to work at the Staff Agency any more and resigned. He submitted a letter outlining that he was resigning and why he was resigning.

What we did

Chris Hadrill, a specialist employment solicitor at Redmans, spoke to Norman about his case and informed Norman was able to offer ‘no win no fee’ representation to him for an Employment Tribunal claim.

Chris helped Norman to file an Employment Tribunal claim against the Staff Agency and Mrs X, bringing claims for direct sexual orientation discrimination, sexual orientation-related harassment, victimisation, and wrongful dismissal. He sought compensation for loss of earnings, injury to feelings, aggravated damages, and personal injury.

The result

Norman’s former employer did not make a reasonable offer of settlement during his case, and the case came to the start of the first morning of the Employment Tribunal hearing. On the first morning Chris negotiated a settlement offer of £13,000 with the other side, with Chris drafting the terms of the settlement agreement.

Chris Hadrill, the employment solicitor who represented Norman in his matter, made the following comment on the case: “It was a pleasure to represent the client in this matter, and we were delighted with the outcome – employers must make sure that they treat workers equally and that they do not discriminate against workers because of a protected characteristic.”

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

4.76 Average

176 Reviews

Mohamed A

Super helpful and efficient, trustworthy service

Posted 3 days ago

Anonymous

efficient, responsive and effective

Posted 3 days ago

Andrew B

Very good service

Posted 3 days ago

Anonymous

Excellent service, compassionate and a good outcome

Posted 4 days ago

Anonymous

I had an employment issue which required legal advice. Chris was very supportive and knowledgeable, resulting in an optimum resolution in my favour. Would definitely recommend.

Posted 1 week ago

David M

Very professional and first-rate advice. I would use again. With thanks,

Posted 1 week ago

Anonymous

Got the job done swiftly without going too much in to detail.

Posted 1 week ago

Derek W

Redmans dealt with my case very efficiently and I was happy with the outcome.

Posted 1 week ago

Anonymous

Timely professional advice!

Posted 2 weeks ago

Anonymous

Very good service

Posted 2 weeks ago

Anonymous

I was in contact with Chris and then worked with Caroline on an employment matter. I was very pleased with the service and professionalism throughout, and came away with satisfied with the outcome. Would happily recommend.

Posted 2 weeks ago

Nikki

Received advice re employment law. Chris was very helpful and advised accordingly. Would happily recommend them and if ever I need help again, will not think twice before using them.

Posted 3 weeks ago

Samantha K

Absolutely brilliant thank you. Caroline Lewis is a legend

Posted 2 months ago

Anonymous

The legal advice was clear and helpful.

Posted 2 months ago

Davinder P

Good Service

Posted 2 months ago

Adrian V

I was using Redmans services for a Settlement Agreement. Very quick and professional service. The outcome was favourable and I was very pleased with the amendments and results. Pretty glad to recommend them for any type of legal advice.

Posted 2 months ago

Anonymous

Very responsive, efficient, clear and supportive. Thank you! Highly recommend.

Posted 2 months ago

Tiago S

Chris was always prompt to help me with legal matters that are beyond my comprehension and very helpful leasing with my former employer. I would recommend Redmans Solicitors to everyone who needs help.

Posted 2 months ago

Anonymous

Fast and professional advice tailored to what was needed. Thanks for your help Chris Hadrill and team.

Posted 2 months ago

Peter S

Really pleased with the outcome and the advice I had from Chris and Sacha.

Posted 2 months ago

Harika A

Redmans solicitor's helped me with my settlement agreement, Chris has been very helpful throughout the process.He was very prompt in his responses and made my settlement look simple.Special thanks to Caroline for her efficient communication, thorough explaination of contract terminology and negotiations.I highly reccommend Redmans solicitors for anyone seeking employment related legal help.

Posted 2 months ago