Want to talk to an expert employment law solicitor?

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

In the case of Mulwanda v Shiloz Services Limited (3200439/2018), the Employment Tribunal held that the Claimant had been unfairly dismissed after she resigned from her employer who failed to deal with a complaint of sexual harassment.  The ET also held that she had suffered detriments having made a protected disclosure about the harassment. Her claim for wrongful dismissal (notice pay) also succeeded.

The facts in Mulwanda v Shiloz Services Limited

Ms Mulwanda (the ‘Claimant’) was employed by Shiloz Services Limited (the ‘Respondent’) from May 2017 to January 2018.  The Respondent’s provided a supported living service for people with learning disabilities.  AA was one of the Respondent’s clients.

Prior to 25 October 2017 AA sexually harassed the Claimant by, amongst other things, making frequent calls to her on her personal mobile phone, unwanted physical contact, sexual comments about her appearance and descriptions of his sexual preferences.  On 25 October AA stated to the Claimant that if he could not get a girl to sleep with him soon, he might have to rape someone.

The Claimants husband, Mr Ogbebor, was concerned abut his wife’s safety so rung Mrs Akpan, the owner of the Respondent.  He informed her about the comment as well as the other incidences of harassment.  The following day, the Claimant orally raised a grievance with Mrs Akpan.  They discussed the unwanted sexual harassment and what the Claimant considered to be the unsafe working environment.  The Claimant went on to continue to have contact with AA at work until he voluntarily left the Respondent’s premises.  During that time the Respondent took no steps to prevent further harassment of the Claimant or to assess the working situation for safety.

Subsequent to the incident on 25 October and the Claimant’s compliant about it, the Respondent started to roster the Claimant for weekend work.  Previously it had been agreed between the Claimant and Mrs Akpan that the Claimant would not have to work weekends.

The Claimant went on to resign, giving four week’s notice.  On 12 January the Respondent wrote to the Claimant, accepting her resignation and stating that if she had not been resigned, she would have been summarily dismissed for gross misconduct for breaching client confidentiality.  The Claimant was shocked and upset by the contents of the letter and as a consequence did not actually work out her notice period.  After she had left her employment, the Claimant lodged a written grievance which the Respondent did not uphold.  They went on to fail to pay the Claimant her outstanding holiday pay.

The Claimant brought claims in the Employment Tribunal (‘ET’) alleging she was unfairly and wrongfully dismissed and had suffered detriments as a result of making a protected disclosure.

The relevant law

Section 43A Employment Rights Act 1996 (“ERA”) states that a “protected disclosure” is a qualifying disclosure.  In order for a disclosure to be a qualifying disclosure it must be a disclosure of information which, in the reasonable belief of the worker making the disclosure, is made in the public interest and tends to show one or more of the following –

  1. (a)  That a criminal offence has been committed, is being committed or is likely to be committed,
    1. (b)  That a person has failed, is failing or is likely to fail to comply with any legal obligation to which he is subject,
    1. (c)that a miscarriage of justice has occurred, is occurring or is likely to occur,
    1. (d)that the health or safety of any individual has been, is being or is likely to be endangered,
    1. (e)that the environment has been, is being or is likely to be damaged, or
    1. (f)that information tending to show any matter falling within any one of the preceding paragraphs has been, is being or is likely to be deliberately concealed.

The decision of the Employment Tribunal

The ET upheld the Claimant’s complaints.  They accepted that both the Claimant and the Claimant’s husband (on her behalf) had made protected disclosures and that subsequent to making those disclosures she had suffered detriments (being accused of gross misconduct, being rostered for weekend work, and her grievance being rejected).  As a result, she was entitled to resign without notice and her claims for unfair dismissal and wrongful dismissal was therefore upheld.

Our solicitors’ views on the case of in Mulwanda v Shiloz Services Limited

Sacha Barrett, a Senior Associate in the employment department at Redmans, made the following comment on the case: “This case highlights the importance of employers not turning a blind eye to allegations made by employees, but instead making sure they are investigated thoroughly and if action is required, dealt with appropriately.”

The decision of the Employment Tribunal in Mulwanda v Shiloz Services Limited (3200439/2018) 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

    312 Reviews

    Anonymous

    I have been very pleased with the support I got from Redmans Solicitors on my case with my employer. Caroline has always helped me to put things in perspective and showed me different scenarios ultimately to help me taking the right decision. She was very professional and always available when I needed, and at the same time also emphatic which I found also really important to establish a strong relationship. Will definitely recommend!

    Posted 15 hours ago

    Anonymous

    Prompt and efficient response to my enquiries. Excellent negotiating skills with my employer which considerably improved the terms of my settlement agreement.

    Posted 16 hours ago

    Anonymous

    Very quick and professional service , Rana was very helpful

    Posted 1 day ago

    James G

    Very professional, knowledgeable and kept me informed at every stage of my case. I would highly recommend Redmans.

    Posted 2 days ago

    Pravina P

    Chris was really good and help solve my issues with current company. I would recommend him to anyone.

    Posted 1 week ago

    Paul L

    Sacha was extremely helpful in my matter. I would not hesitate you use Sacha or Redmonds again. Everyone was very helpful.

    Posted 2 weeks ago

    Monique N

    I had Mel Chin helping me with a settlement and she was very professional and reliable throughout my case. Mel provided me with a good understanding of what was happening and gave suggestions on routes I could take. My case was resolved and closed promptly although the opposing side were very difficult to deal with. A very big thank you to Mel and Chris.

    Posted 2 weeks ago

    Jackie C

    My first ever experience needing the services of a solicitor; cannot speak highly enough of Mel and Chris’s personable, reassuring and straight to the point advice in dealing with my settlement agreement. They put me at ease during an extremely stressful time. I am equally as happy with the outcome, as l am their professional services.

    Posted 2 weeks ago

    ""

    Really happy with the service. All very efficient. Mel rattled through things very fast, however was great whenever I needed to stop and ask a question! Would definitely return to Redmans if I ever needed Legal advice.

    Posted 3 weeks ago

    Peter F

    Very helpful and clear advice, would highly recommend.

    Posted 3 weeks ago

    William A

    Second time I have had to use Redmans. They did not disappoint. They are fast , efficient and friendly. I have already recommended them to friends and colleagues. I hope I dont have to use them again but if I have to , they are the solicitors for me.

    Posted 3 weeks ago

    Fleeta C

    Great service with tantastic communications. The solicitor responsible is extremely knowledgeable and was responsible for bringing a timely and desired solution.

    Posted 3 weeks ago

    Veronica M

    Extremely helpful, starting from a request for advice at very short notice, to dedicating time for me to understand and review all documents thoroughly.

    Posted 3 weeks ago

    Sophie R

    Very efficient and professional service. Chris was very empathetic, knowledgeable and personable. Highly recommended.

    Posted 4 weeks ago

    Melanie M

    Very happy with the detailed advice provided from Redmans. They also helped me to secure a higher settlement than originally offered by my employer and were extremely diligent. I first spoke with Chris at relatively short notice and then Sacha dealt with my case. Would definitely recommend and use again in the future if needed.

    Posted 4 weeks ago

    Anonymous

    Redmans helped me with a work related issue, which was resolved quickly and professionally. I would definitely recommend this company.

    Posted 1 month ago

    James F

    Great people, really friendly and professional helped with everything that I needed.

    Posted 1 month ago

    Anusha S

    My case was handled by Sacha who was very thorough and helped me to achieve a good outcome with my employer. Sacha was very personal, professional and helped me during quite a stressful time, so I am hugely grateful to her and to Redmans. This was my first time engaging with a law firm so I wasn't sure what to expect but I can definitely say that it was a good experience overall and I ended up better off due to having the help of an experienced and proactive solicitor on my side.

    Posted 1 month ago

    Diane P

    So grateful that I contacted Redmans to deal with my Redundancy Agreement. Everything from the initial call to the completion of the matter was professional, efficient and effective. I was listened to, had everything explained simply and kept informed of every step. I received super advice and the costs were very competitive. I would highly recommend them to anyone seeking similar help. First class service - thank you

    Posted 1 month ago

    Chris L

    It was a very efficient and effective service - Would recommend.

    Posted 1 month ago

    Anonymous

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

    Posted 1 month ago