Want to talk to an expert employment law solicitor?

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

In the case of Wenlock v Marks and Spencer plc – 1300384/2017 an employee was awarded over £80,000 by the Employment Tribunal after it found that his employer, Marks and Spencer, had subjected him to a discriminatory dismissal.

The facts in Wenlock v Marks and Spencer plc

Mr Wenlock was a commercial manager at Marks and Spencer plc. His manager, Mr Bennington, accused Mr Wenlock of lying to his doctor in order to obtain a fit note to return to work; Mr Bennington had no reasonable basis for making such an allegation, and made no enquiries into Mr Wenlock’s version of events.

Mr Bennington subsequently instigated a disciplinary process, based on allegations made by two unidentified members of staff that Mr Wenlock had been drinking at work, had been self-harming at work, and that he had to be removed from contact with customers. This disciplinary process eventually led to the dismissal of Mr Wenlock on 31 August 2016, with Mr Wenlock serving out his period of notice.

Mr Wenlock subsequently brought claims against Marks and Spencer plc.

The decision of the Employment Tribunal (ET)

In an earlier (unavailable) liability judgment the Employment Tribunal concluded that Mr Wenlock had been subjected to a discriminatory dismissal by Marks and Spencer, and upheld his claims for discrimination.

The Employment Tribunal subsequently considered remedy in the case (how much Mr Wenlock should be awarded), and concluded that the following sums were appropriate:

  • Compensation for loss of earnings: £34,653.75, with interest of £2,278.09
  • Injury to feelings: £24,542.00, with interest of £3,716.93

The Employment Tribunal therefore awarded Mr Wenlock the net sums of £65,100.77, which was grossed up to £81,688.78 to account for tax over £30,000.

In awarding the sum for injury to feelings, the Employment Tribunal noted that this was a case which fell firmly at the uppermost level of the upper Vento band, due to the severe impact that the discrimination had on Mr Wenlock (including, among other things, Mr Wenlock experiencing suicidal thoughts).

Our solicitors’ views on the case of Wenlock v Marks and Spencer plc

Chris Hadrill, the partner in the employment department at Redmans, commented on the case as follows: “Employers must take care to ensure that any allegations of misconduct made against employees are fair, appropriate, and thoroughly-investigated – failing to obtain ‘both sides of the story’ may lead to potentially expensive Employment Tribunal claims for unfair dismissal and discrimination.”

The decision of the Employment Tribunal in Wenlock v Marks and Spencer plc 1300384/2017 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 name

Your email

Your telephone number

Contact us

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

T: 020 3397 3603
E: enquiries@redmans.co.uk
W: www.redmans.co.uk

Testimonials

4.76 Average

172 Reviews

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 4 days ago

David M

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

Posted 4 days ago

Anonymous

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

Posted 4 days ago

Derek W

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

Posted 6 days ago

Anonymous

Timely professional advice!

Posted 1 week ago

Anonymous

Very good service

Posted 1 week 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 1 week 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 2 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

Anonymous

Good and quick service

Posted 2 months ago

Ricky D

Very satisfying to be assured of such attention and professionalism.

Posted 2 months ago

Anonymous

Excellent service - thankyou

Posted 2 months ago

Anonymous

Efficient, timely and friendly support and advice

Posted 2 months ago