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

4.78 Average

143 Reviews

Liz P

An excellent professional service was provided by Chris Hadrill and Mel Chin. Efficient and trustworthy - would highly recommend this company.

Posted 1 week ago

Anonymous

Redmans Solicitors were great. They were able to advice me quickly and efficiently! I would recommend them, as a good solicitors to use.

Posted 1 week ago

Anonymous

Extremely efficient. Mel made a difficult situation bearable and gave good clear guidance thoughout.

Posted 2 weeks ago

Anonymous

Thanks Chris and Sacha I was reassured throughout the process and a happy outcome

Posted 2 weeks ago

Edward F

Good and clear employment advice

Posted 2 weeks ago

Richard O

Chris at Redmans is my go-to legal expert when it comes to employee-related matters. His depth of knowledge, experience and considered approach to problems and their solutions is highly valuable. I cannot recommend Redmans highly enough.

Posted 4 weeks ago

Rory Y

They provide me with timely and clear advice!

Posted 1 month ago

Steven C

Redmans handled my settlement with my employer quickly, decisively and to a standard that I was very happy with. I would in similar circumstances contract them again

Posted 1 month ago

Deepthi K

Transparent. Clear communication. Prompt reply’s. Saves lot of time. Very satisfied.

Posted 1 month ago

Anonymous

Chris and Sacha did a fantastic job and negotiated a significant better settlement agreement

Posted 1 month ago

Dino D

I did get a very swift and god service from Redmans

Posted 1 month ago

Stephanie H

Clear, prompt, effective support from Chris which has been very much appreciated. Thank you again.

Posted 1 month ago

Anonymous

I would highly recommend Redmans Solicitors, the team were very friendly and my case was dealt with professionally and efficiently. Thank you!

Posted 2 months ago

Shane M

Very professional, welcome advice at a crucial time. Always available and reasonable cost.

Posted 2 months ago

Anonymous

My case was relatively straight-forward. But even so, working with Redmans was easy, quick, professional & clear. Many thanks

Posted 2 months ago

Anonymous

The team were very helpful and answered all my questions regarding my redundancy. Initially I had a call with one of the representatives who escalated my request to a suitable employment solicitor. We arranged a call to discuss the settlement and she helped answer all my questions. We then mainly contacted through email which helped resolve the settlement quickly and convently. Thanks for all the help.

Posted 2 months ago

Djaouida T

You have good communication.

Posted 2 months ago

Anonymous

Fast and professional. A highly recommended company for employment related issues.

Posted 2 months ago

Anonymous

Very professional service.

Posted 2 months ago

Brittany

I was very grateful for Redmans to treat my case with respect and discretion. At the time, I was very new to London and it was meaningful to have someone on my side and win the case for me. Without any doubt, I would definitely recommend Redmans Solicitors to anyone who is in need of it.

Posted 10 months ago

Jake L

Chris is very professional and calm. Very attentive and patient, been a positive experience having Chris represent me, and would recommend him.

Posted 11 months ago