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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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Please feel free to discuss your own position and concerns. Contact your nearest office on:

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Testimonials

4.76 Average

164 Reviews

Samantha K

Absolutely brilliant thank you. Caroline Lewis is a legend

Posted 1 week ago

Anonymous

The legal advice was clear and helpful.

Posted 1 week ago

Davinder P

Good Service

Posted 2 weeks ago

Adrian V

I was using Redmans services for a Settlement Agreement. Very quick and professional service. The outcome was favourable and I was very pleased with the amendments and results. Pretty glad to recommend them for any type of legal advice.

Posted 2 weeks ago

Anonymous

Very responsive, efficient, clear and supportive. Thank you! Highly recommend.

Posted 2 weeks ago

Tiago S

Chris was always prompt to help me with legal matters that are beyond my comprehension and very helpful leasing with my former employer. I would recommend Redmans Solicitors to everyone who needs help.

Posted 2 weeks ago

Anonymous

Fast and professional advice tailored to what was needed. Thanks for your help Chris Hadrill and team.

Posted 2 weeks ago

Peter S

Really pleased with the outcome and the advice I had from Chris and Sacha.

Posted 3 weeks ago

Harika A

Redmans solicitor's helped me with my settlement agreement, Chris has been very helpful throughout the process.He was very prompt in his responses and made my settlement look simple.Special thanks to Caroline for her efficient communication, thorough explaination of contract terminology and negotiations.I highly reccommend Redmans solicitors for anyone seeking employment related legal help.

Posted 3 weeks ago

Anonymous

Good and quick service

Posted 3 weeks ago

Ricky D

Very satisfying to be assured of such attention and professionalism.

Posted 3 weeks ago

Anonymous

Excellent service - thankyou

Posted 3 weeks ago

Anonymous

Efficient, timely and friendly support and advice

Posted 3 weeks ago

Ahmed S

They are always on hand when you need them and provide support even when its not necessary.

Posted 3 weeks ago

Nemen S

Wonderful experience.Chris was very responsive and provided an excellent service. A real professional who I would recommend to anyone

Posted 3 weeks ago

Anonymous

Their guidance was clear and they provided me with all the information I required. Friendly yet professional

Posted 3 weeks ago

Anonymous

Chris @ Redmans assisted me with an employment issue. Firstly, he was very proactive in coming back to my initial enquiry and then helped to clearly lay out the options that I had in relation to my position. He then assisted with the preparation of my case, which led to a very satisfactory outcome. I would highly recommend the quality of service & professionalism offered by Redmans Solicitors.

Posted 3 weeks ago

Anonymous

Great service

Posted 3 weeks ago

Anonymous

Chris was very effective and decisive in dealing with my matter. I felt guided, and the pressure to make decisions was taken off my shoulders; he knew what needed to be done and I was happy to follow his advice. The result of the legal dispute was a great success for me. He is also kind and personable. The only thing that I would say it could be improved, is the accuracy of cost estimation at the beginning: not many activites, that could not have been forseen had to take place, but costs went up more than double in the end. Overall very good and trustworthy. I would definately recommend and use Redmans services again.

Posted 3 weeks ago

Liz P

An excellent professional service was provided by Chris Hadrill and Mel Chin. Efficient and trustworthy - would highly recommend this company.

Posted 1 month ago

Anonymous

Redmans Solicitors were great. They were able to advice me quickly and efficiently! I would recommend them, as a good solicitors to use.

Posted 1 month ago