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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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    Testimonials

    4.77 Average

    205 Reviews

    Gary P

    All good advice, prompt and efficient

    Posted 1 month ago

    Anonymous

    Excellent advice and customer service.

    Posted 2 months ago

    Aneet G

    I would definitely recommend Redmans. Very impressed with service provided. They were extremely proactive in handling my case which made things easier for me. Provided sound advice and resolution. Special credit for this goes to Chris who dealt with my case with great determination and consideration.

    Posted 2 months ago

    Fern M

    Very efficient and friendly

    Posted 2 months ago

    Neville S

    A professional and friendly service, which I would highly recommend.

    Posted 2 months ago

    Daniel T

    Extremely helpful and made a bad situation much more manageable. Where other solicitors seemed disinterested in my situation Redmans immediately made me feel like it was a team effort to achieve a more favourable outcome

    Posted 2 months ago

    Paul T

    Excellent, quick and informative. Chris was a real star and gave me confidence during the uncertainty if a redundancy settlement.

    Posted 2 months ago

    Marina E

    Felt in very capable hands was listened to and given excellent advice. Would not hesitate to recomend and use again if needed.

    Posted 2 months ago

    Rosa B

    Fabulous service all round.

    Posted 2 months ago

    Anonymous

    Redmans were quick to respond to my enquiry and dealt with my case professionally and personably. I received sound advice and was put at ease by Chris Hadrill, Partner.

    Posted 2 months ago

    Alkhas K

    Excellent service.

    Posted 2 months 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 months 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 4 months ago

    Anonymous

    Posted 4 months ago

    submit

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

    Posted 4 months ago

    Anonymous

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

    Posted 4 months 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 4 months ago

    Christina P

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

    Posted 4 months ago

    Anonymous

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

    Posted 4 months 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 4 months ago

    Sara R

    Very helpful and wonderful advice

    Posted 4 months ago