Want to talk to an expert employment law solicitor?

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

MoJA former employee of Brent Council has won her legal claims in a tribunal after she claimed that she had been subjected to discrimination, bullying and harassment by her former employer.

Rosemary Clarke, the former head of learning and development at Brent Council, made her Employment Tribunal claims for constructive dismissal, direct race discrimination and victimisation after she was dismissed by the Council last year for gross misconduct.

Ms Clarke’s Employment Tribunal claim came to a full hearing at the Watford Employment Tribunal earlier this year. Ms Clarke, giving evidence at the Employment Tribunal, claimed that she had been told by the council that she would be dismissed for gross misconduct and that her disciplinary process would not be stopped even if she resigned from her job. However, Ms Clarke claimed that a white colleague of hers who had been accused of gross misconduct had the disciplinary allegations against him dropped after his legal team intervened and he resigned. Ms Clarke pointed to this differential treatment as discriminatory.

The Employment Tribunal ruled in Ms Clarke’s favour in her claims for race discrimination and victimisation, holding that the Council could not put forward a reasonable explanation as to why Ms Clarke’s colleague had been treated more favourably than her. The Tribunal also ruled that the Council had constructively dismissed Ms Clarke as its actions constituted a fundamental breach of the implied term of mutual trust and confidence that had previously existed between the parties.

Ms Clarke does not appear to have commented on the Employment Tribunal claim but a spokesman for Brent Council later stated: “We are committed to equal and fair treatment for all our staff who are from a hugely diverse range of backgrounds and represent the diversity of our unique borough. We are disappointed and surprised by the findings in this case and are currently seeking legal advice. Therefore we are not able to comment on the case any further at this stage.”

Chris Hadrill, an employment solicitor at Redmans Solicitors, commented on the case: “Employers must take steps to treat all employees fairly and impartially, regardless of their race – a failure to do so can lead to an inference of discrimination in an Employment Tribunal claim, with the employer then having to refute that they acted in a discriminatory manner.”

It has been reported that a remedies hearing in Ms Clarke’s claim will be held in the future at the Watford Employment Tribunal.

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

Your last 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

4.75 Average

193 Reviews

Mark W

Most professional from start to finish offering very a personal service. Most impressive and quick when dealing with the matters in hand.

Posted 3 weeks ago

Anonymous

Posted 3 weeks ago

submit

I am very glad I came across Redmans Solicitors. Fantastic service!

Posted 3 weeks ago

Anonymous

Fantastic communication, always happy to answer queries, highly recommended.

Posted 3 weeks ago

Wavenie B

They were very straight to the point, friendly and understanding people. I felt they had my best interest. They were easy to get hold of, replies were almost instant. 5/5 for customer service

Posted 3 weeks ago

Christina P

Caroline was fantastic to work with - extremely knowledgeable, supportive, thorough and honest. I definitely recommend Redmans!

Posted 3 weeks ago

Anonymous

Very well done and fast support. Professional and reliable. Highly recommended!

Posted 3 weeks ago

Helene L

They were very knowledgable in the respected area in terms of change in law/regulations that is crucial for the clients who are seeking for legal arvice.

Posted 3 weeks ago

Sara R

Very helpful and wonderful advice

Posted 3 weeks ago

Marie D

very good service all digitalised

Posted 3 weeks ago

Philip H

Chris Hadrill handled my case with great accuracy and efficiency. Basically made it feel like a process without hassle. Doesn't try to expand the case just for greater fees. I value his professional advice highly.

Posted 3 weeks ago

Michael W

Professional, responsive and supportive - excellent service!

Posted 4 weeks ago

Anonymous

I was really happy with the service provided. I had to chase a couple of time but despite that, my matter was dealt with in a timely manor. I would use again in the future

Posted 4 weeks ago

Lee M

Superb service and always available

Posted 1 month ago

Jonathan S

I was very grateful for the support I received from Redmans during a very difficult period. Rana Tandon really got under the skin of my issue and understood what was important to me, steering me carefully and sensibly to an outcome I was very happy with. I would recommend Redmans to anyone else without any reservations whatsoever.

Posted 1 month ago

Mohamed A

Super helpful and efficient, trustworthy service

Posted 1 month ago

Anonymous

efficient, responsive and effective

Posted 1 month ago

Andrew B

Very good service

Posted 1 month ago

Anonymous

Excellent service, compassionate and a good outcome

Posted 1 month 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 month ago

David M

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

Posted 1 month ago