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A woman has won more than £30,000 after an Employment Tribunal found that she had been unfairly dismissed for reporting an alleged rape by a colleague at a work Christmas party.

Ms. C, who cannot be identified for legal reasons, worked as a sales representative for a Scottish company when she made the allegation relating to the alleged rape in December 2011. The colleague who made the rape (named as Mr X) was subsequently found not guilty of sexual assault at the High Court in Glasgow.

Having made the allegations, Ms C was then subsequently made redundant by her employer in August 2012 and, believing the redundancy to have been prompted by her allegation of rape, made a claim for unfair dismissal in the Employment Tribunal.

MoJThe claim came to an Employment Tribunal hearing earlier this year, with Ms C and Mr X (among others) giving evidence at the hearing. Ms C claimed that she was made redundant in August 2012 just five days after being congratulated on her success that year in the company, and that Mr X was a friend of the owner of the parent company of the business she worked for. She therefore claimed that her redundancy had not been genuine and had in fact been a ‘sham’, with the purpose of dismissing her because she had made the allegation of rape, and that this had been orchestrated by Mr X, who was the managing director of the business. The company, on the other hand, resisted the claim by giving evidence that the business was “overtrading and undercapitalised”, and that it was therefore necessary to make redundancies.

The Employment Tribunal ruled in Ms C’s favour in her claim for unfair dismissal, awarding her £30,000 in compensation.

Chris Hadrill, an employment solicitor at Redmans, made the following comment on the case: “If an allegation is made relating to a crime – particularly something as serious as an allegation of rape – an employer must take steps to ensure that the matter is properly investigated and that the employee who has reported their concerns is not detrimentally treated as a result.”

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).

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    Alison M

    Very happy with the advice I received

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    Margaret A

    I found everything about the company to be extremely professional and efficient. During my initial contact with Chris, he listened well and was reassuring, so I felt confident that my case would be well handled. Caroline was excellent at explaining all the legal points and answering my questions, as well as being very supportive and understanding throughout the process. I would definitely recommend this company.

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    Excellent service, thank you so much!

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    Anonymous

    I found Caroline and Chris very Helpful and provided excellent service. Caroline especially provided great legal advice and made me feel at ease with the whole process. I would highly recommend them. Thank you!

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    Gayle B

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    Alex K

    Redmans provided an excellent service, timely and effective. Will definitely recommend.

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    Anonymous

    Great job done on my employment law

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    Dominica S

    Caroline & Chris were very prompt and efficient.Very happy with the service and will definitely recommend Redmans Solicitor to everyone !

    Posted 1 week ago

    Sandra K

    If you are looking for a group of solicitors who are Professional, Caring and on point, then look no futher than Redmans. I was literally hand held through out my case. Can not find fault with this company, very happy with the result and the service i received. Would highly recommend Redmans.

    Posted 1 week ago

    Anonymous

    I found dealing with Redmans a pleasure. I got to speak to someone quickly, the advice was profferred promplty and the service was not 'pushy'. In addition, the administration was excellent. What more could you ask for?

    Posted 1 week ago

    ALISDAIR L

    Redmans did a brilliant job regarding my redundancy agreement. I miss read an extra charge which wasnt the case so doing a new review to clarify. I would recommend Redmans for any employment law issues you may have.

    Posted 2 weeks ago

    Christos G

    Great legal advice and quick correspondence. Very supportive and helpful through the entire process. Thank you Redmans!

    Posted 2 weeks ago

    Anonymous

    Chris Hadrill advised me on a redundancy settlement agreement. He was very responsive, easy to deal with and gave me good advice at a stressful time.

    Posted 2 weeks ago

    Zara M

    Rana at Redmans gave me support and confidence I needed to ensure a wrong, was put right. I couldn’t recommend enough.

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    Stuart T

    Chris provided an excellent service, he was efficient and friendly and I had no doubt when recommending him to my colleagues

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    Anonymous

    Excellent service, prompt responses. Chris Hadrill provided excellent and efficient service.

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    Wonderful solicitors who really listen to you and who are there to offer expert legal advice but they also have a personal touch and you really feel supported both from a legal aspect but also from a personal aspect. They really listen .

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