Want to talk to an expert employment law solicitor?

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

Chris Hadrill, a specialist employment solicitor at Redmans, answers the question:

“I work for a law firm in the City of London and have been dismissed by my boss because I ended a sexual relationship I was having with him – do I have a claim?”

If, in asking ‘what can I do’, you’re asking whether you can bring a claim against your previous employer and/or your previous boss in the circumstances, this will depend on a number of factual and legal issues – we’ll address these below. From an analysis of your question, it appears that you have the following potential claims against your previous employer and/or previous boss:

  1. Unfair dismissal
  2. Notice pay
  3. Direct sex discrimination
  4. Sexual harassment
  5. Gender-related harassment
  6. Victimisation

Unfair dismissal

In order to bring a claim for unfair dismissal you must have been an employee of the law firm and have been employed continuously by the firm for at least two years to the date of your dismissal. Assuming that these criteria are satisfied, whether your dismissal would be fair or not would depend upon the reason that your previous employer gave for your dismissal, whether a fair disciplinary procedure was followed prior to your dismissal, whether you were allowed to appeal against your dismissal, and whether the decision-maker reasonably and genuinely believed you should be dismissed based on the allegations put to you. We would therefore need to collect further information from you in order to determine the prospects of success of an unfair dismissal claim.

Notice pay

Whether you would succeed on this claim would depend on whether you were contractually-entitled upon the termination of your employment to be paid your notice pay. Again, we would need more information to be able to give you our opinion on the prospects of success of a claim for notice pay.

Direct sex discrimination

In order to succeed with a claim for direct sex discrimination you would need to show that, in being dismissed, you were treated less favourably than a comparable male employee had been treated or would be treated. There is a substantial amount of precedent (for example, B v A [2007] UKEAT/0450/06/0901 and Martin v. Lancehawk Ltd (t/a European Telecom Solutions) [2004] UKEAT/0525/03/2203) to suggest that it would be difficult for you to succeed with a claim for direct sex discrimination in the circumstances, as you would need to show that a homosexual male employee would not have been dismissed if they had ended a sexual relationship with their homosexual male boss.

Sexual harassment

If you were subjected to any unwanted sexual conduct by your boss after you ended the relationship then you may have a claim for sexual harassment – again, further information would be needed to give you a view on the prospects of success of such a claim.

Gender-related harassment

If you were subjected to any unwanted conduct related to your gender by your boss after you ended the relationship then you may have a claim for gender-related harassment – again, and not to sound like the proverbial ‘broken record’, we would need further information in order to advise you on the prospects of success of such a claim.

Victimisation

If you filed a grievance against your boss (formal or informal, verbal or written) because of any discrimination or harassment that you believed you had suffered from him and were then subjected to any detriment then you would have a claim for victimisation if you could show that the detriment you suffered was because of the complaint you made. Again, further information would be needed on this point.

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

    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

    269 Reviews

    Sue W

    The people at Redmans talk to you with respect and make you feel like they take your situation personal. They clearly care and are extremely professional. I have recommended Redmans to many people.

    Posted 3 days ago

    Anonymous

    Redmans Solicitors were consistently prompt, efficient and professional from the start of my reaching out to them for support in relation to contentious negotiations of an employment matter that continued for almost two months resulting in a positive settlement agreement. Chris Hadrill was diligent, thorough, empathetic and objective in his advice and guidance, showing deep and broad knowledge of the law and legal processes plus extensive practical experience in handling complex matters, resulting in clear and pragmatic advice in ambiguous circumstances that resulted in a very good outcome. I fully recommend Chris Hadrill and Redmans Solicitors! I have made this review anonymous purely because of the confidentiality obligations in the settlement agreement concluded.

    Posted 1 month ago

    Michelle W

    Redmans solicitors provided legal support and advice for a settlement agreement. Excellent customer service, very professional. The senior associate solicitor kept me updated throughout the process, showed empathy and the agreement was signed-off / completed within the agreed timeline.

    Posted 1 month ago

    Mark W

    Redmans Solicitors were extremely professional and helpful! Chris Hadrill handled my case and was an amazing help! His guidance, advice and understanding to my redundancy settlement were always clear, concise and very helpful and I am very grateful to him, and glad I found Redmans to help with my settlement. I highly recommend them!

    Posted 1 month ago

    Alison M

    Very happy with the advice I received

    Posted 1 month ago

    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.

    Posted 1 month ago

    Sanja K

    Very efficient and professional service.

    Posted 1 month ago

    Anonymous

    I found the advice I was given by Redmans Solicitors to be clear and useful and found the solicitor on my case to be both knowledgeable and approachable.

    Posted 1 month ago

    Karen T

    Great service. Thank you.

    Posted 1 month ago

    Anonymous

    Excellent service from Chris & Mel Chin. The best outcome was achieved from the redundancy process. They were extremely thorough, listened carefully and acted swiftly on my behalf. I highly recommend Redmans Solicitors

    Posted 1 month ago

    Shanine M

    Excellent service, thank you so much!

    Posted 1 month ago

    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!

    Posted 1 month ago

    Gayle B

    Excellent company very professional would definitely recommend

    Posted 1 month ago

    Alex K

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

    Posted 1 month ago

    Anonymous

    Great job done on my employment law

    Posted 1 month ago

    Dominica S

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

    Posted 1 month 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 month 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 month 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 months ago

    Christos G

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

    Posted 2 months 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 months ago