Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

In the case of Ms M James v Capital Care Services & Mr C Ledbury ET/3200600/2017 the Employment Tribunal held that an employee had been victimised when it was suggested that she was exaggerating her symptoms of illness in order to obtain a substantial payout.

The facts in Ms M James v Capital Care Services & Mr C Ledbury

Ms James commenced employment with Capital Care Services (“CCS”) from October 2016. In March 2017 she was signed off work sick and diagnosed with anxiety and depression by her GP; she also started seeing Mr Moody, a clinical counsellor, in March 2017 to help her manage her symptoms of depression and anxiety. Ms Moody did not return to work after being signed off sick.

Whilst she was signed off work sick Ms James submitted a grievance, and gave CCS permission to speak to Mr Moody in this context. On 7 June 2017 Mr Ali called Mr Moody to discuss Ms James’ grievance and, in the course of this telephone conversation, Mr Ali made a comment that Ms James might be faking her symptoms in order to receive a substantial pay-out.

Mr Moody informed Ms James of Mr Ali’s comment, and this caused Ms James to suffer a sustained panic attack which required several counselling sessions to address; she felt that Mr Ali had deeply insulted her and that he had suggested she was a liar.

Ms James brought a claim for victimisation in the Employment Tribunal. Ms James sought compensation for loss of earnings, injury to feelings, aggravated damages, and personal injury.

The decision of the Employment Tribunal

The Employment Tribunal upheld Ms James’ claim for victimisation, holding that Mr Ali’s comment on 8 June 2017 constituted a detriment (and that the cause of his conduct had been her grievance (which complained of discrimination)).

The Employment Tribunal awarded Ms James £7,500 in respect of injury to feelings (holding that it was a single incident that occurred but had led to significant impact on Ms James’ mental state); the total amount awarded came to £8,147.67 inclusive of interest.

The Tribunal declined to make an award for loss of earnings (as she had already been unable to work prior to Mr Ali’s comment being made); it also declined to make an award for personal injury (as it as unable to separate the claim for personal injury from her claim for injury to feelings). Finally, the Employment Tribunal also held that Mr Ali had not meant to be insulting or malicious to Ms James, and that an award of aggravated damages would not be appropriate.

Our solicitors’ view on Ms M James v Capital Care Services & Mr C Ledbury

Chris Hadrill, partner in the employment department at Redmans, commented on the case: “Employers should take care to ensure that all employees are treated fairly and impartially when dealing with their grievances, and this is arguably particularly the case when the relevant employee has complained of discrimination.”

The judgment of the Employment Tribunal in Ms M James v Capital Care Services & Mr C Ledbury ET/3200600/2017 can be found here.

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).

Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

Share →

Our awards

Request a callback

    Your first name (required)

    Your last name (required)

    Your email (required)

    Your telephone number (required)

    Brief details of your enquiry

    Testimonials

    4.80 Average

    292 Reviews

    Anonymous

    Exceeded my expectations. Very professional and proactive. I highly recommend them.

    Posted 1 week ago

    Anonymous

    The service provided to me by Redmans Solicitors was excellent and I would have no hesitation in recommending Chris. While I cannot get into the detail of the matter, it was very emotionally difficult for me and Chris was sensitive throughout and was clear that his motivation was arriving at a solution that helped me while I am unwell - and less about his own fee. His emotional intelligence was coupled with a very sharp and quick understanding of the complex facts of the matter and the legal arguments and he quickly formed a strong case working with me the whole way. Chris was particularly patient with me at what I found a stressful time, and I want to thank him personally for everything he did.

    Posted 1 week ago

    Anonymous

    A lovely, friendly and professional service. They advised me through my employment change. They where very responsive, keeping me updated and explaining everything in layman’s terms. No hidden charges. I would highly recommend them.

    Posted 2 weeks ago

    Philip H

    I was advised well and had a good experience using Redmans Solicitors.

    Posted 2 weeks ago

    Line v

    Good service and very helpful, informative

    Posted 2 weeks ago

    Katarzyna Z

    Very prompt replies, good rates and competent staff.

    Posted 2 weeks ago

    Sudhir S

    Professional in approach and give good advice all the time during my settlement agreement with the Company. Fee wise slightly expensive compare to the initial estimates.

    Posted 2 weeks ago

    Aaron H

    Very grateful to Mel who was brilliant kept me informed and was really helpful when I needed her

    Posted 2 weeks ago

    Alexia P

    The team at Redmans we're always professional and helpful throughout my case. The team were open to listening to me, understanding my situation and being clear about what they can support with.

    Posted 2 weeks ago

    Emma L

    So glad I chose Redmans to assist with my emplyment issue. From start to finish I received excellent service. Mel Chin had calm, methodical approach and she got me a far better result than I could have done on my own. Would not hesitate recommend far and wide.

    Posted 3 weeks ago

    Sam T

    I was extremely impressed with the support and advice that I received. The solicitors I worked with acted very quickly and were clear in their communications at every stage.

    Posted 3 weeks ago

    Anonymous

    I cannot thank Caroline enough for her empathetic help, advice and guidance in what was at times a very stressful situation. Always professional and available to answer any queries I had, I highly recommend Caroline and all the team at Redmans.

    Posted 3 weeks ago

    Robert M

    Chris Hadrill provided me with very efficient turn around of an employment offer from a US-based company. Chris reviewed the contract, identified key issues and offered sound/pragmatic advice and suggestions for improvement which I could then bring in non-legalese to my prospective employer. Employer accepted all the important changes Chris suggested and I accepted the job!! Very satisfied with the service.

    Posted 3 weeks ago

    Karen R

    Prompt, helpful and excellent service. Very professional and super quick. Very reasonable price for London. Definitely recommend and would use again.

    Posted 3 weeks ago

    Anonymous

    Excellent service from Redmans, I would not hesitate to recommend this firm of solicitors. Thank you very much to the team, and especially Chris and Mel!

    Posted 1 month ago

    Siriana B

    Thorough, efficient, and always available to answer my queries. It was a pleasure to deal with.Thanks

    Posted 1 month ago

    Anonymous

    Excellent speedy service

    Posted 1 month ago

    Robert

    Excellent service, very professional. would definitely use again.

    Posted 1 month ago

    Mary B

    I was very happy with the work Chris did for me. I believe with his help I secured a more favourable outcome both financially and in terms of clauses contained in the legal agreement I ultimately signed. I had utmost trust and confidence in the advice Chris provided throughout. Chris kept me informed at every stage and I found him very efficient at bringing matters to a conclusion without unnecessary delay.

    Posted 1 month ago

    Mark M

    I found Redmans very easy to work with. Mel was very responsive, her advice led to an improved settlement. . Recommended.!

    Posted 1 month ago

    Anonymous

    Fantastic service. I would recommend Redmans to anyone who needed a Solicitor. The communication was second to none and consistent clear guidance was given.

    Posted 1 month ago