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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).

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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

195 Reviews

Alkhas K

Excellent service.

Posted 1 week ago

Mathias G

Contacted them regarding my end of employment agreement. Chris Hadrill dealt with it and was done and handed back to employer same day more than happy with there service.

Posted 3 weeks ago

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 1 month ago

Anonymous

Posted 1 month ago

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

Posted 1 month ago

Anonymous

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

Posted 1 month 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 1 month ago

Christina P

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

Posted 1 month ago

Anonymous

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

Posted 1 month 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 1 month ago

Sara R

Very helpful and wonderful advice

Posted 1 month ago

Marie D

very good service all digitalised

Posted 1 month 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 1 month ago

Michael W

Professional, responsive and supportive - excellent service!

Posted 2 months 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 2 months ago

Lee M

Superb service and always available

Posted 2 months 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 2 months ago

Mohamed A

Super helpful and efficient, trustworthy service

Posted 2 months ago

Anonymous

efficient, responsive and effective

Posted 2 months ago

Andrew B

Very good service

Posted 2 months ago

Anonymous

Excellent service, compassionate and a good outcome

Posted 2 months ago