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Chris Termination Case Study

Summary

How Chris Hadrill successfully represented a Claimant in his claim for race discrimination in the Employment Tribunal on a ‘no win no fee’ basis and secured compensation of over £30,000 for his client.

Under the Equality Act 2010, employees can make a claim to the Employment Tribual if they believe that they have been discriminated against, harassed or victimized because of their race (or any other ‘protected characteristic’). Potential claims include the following:

  • Section 13 Equality Act 2010 – to make a claim to the Employment Tribunal for direct race discrimination if they believe that they have been treated less favourably because of their race (“direct race discrimination”)
  • Section 26(1) Equality Act 2010 – to make a claim to the Employment Tribunal for race-related harassment in the Employment Tribunal if they believe that they have been subjected to unwanted conduct related to their (or another person’s) race which has the purpose or effect of creating a hostile work environment or humiliating them
  • Section 27 Equality Act 2010 – to make a claim to the Employment Tribunal for victimization if they believe that they have been subjected to a detriment because they have, for example, threatened to make a claim for race discrimination to the Employment Tribunal

Situation

Michael (not his real name), who is of Polish national origin, was a bouncer at a West London nightclub. During the course of his employment his Serbian colleagues started to isolate him and bully him and his line manager, who is also Serbian, started to reduce his hours from his normal forty hours a week to only 25 hours a week.

One day, Michael turned up to work and was told by his line manager that he was be summarily dismissed. No reason was given for the dismissal by his line manager but he later received an email stating that he was being dismissed for “lateness and lack of work efficiency”. Prior to his dismissal, Michael had never had any informal or formal warnings about his performance at work.

What we did

Chris Hadrill, a specialist employment solicitor at Redmans, represented Michael on a ‘no win no fee’ basis in his Employment Tribunal claim. Chris dealt with the procedure of the claim and represented Michael at the full Employment Tribunal hearing.

The result

With Chris handling his case, Michael won his claim and was found by the Employment Tribunal to have been unfairly dismissed and directly discriminated against because of his nationality. The Employment Tribunal awarded Michael over £30,000 in compensation for his claims.

 

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.

Summary

How Chris Hadrill successfully represented an employee on a no win no fee basis in an Employment Tribunal unfair dismissal claim and won just under £20,000 for his client.

Under the Employment Rights Act 1996, employers must make a fair decision to dismiss employees (using the “range of reasonable responses” test) and must carry out a proper, fair, and thorough process before dismissing an employee.

Situation

Jason was employed by his family business, a medium-size scrap metal company. He had worked for this business for almost ten years and his grandparents ran the company.

In late 2014 Jason was informed by his foreman that one of his grandparents had given instructions that he was being dismissed for gross misconduct. Jason was not given a reason for this decision. He spoke to one of his grandparents and was told that he was being dismissed for ‘insubordination’, as well as for other reasons. Jason appealed against his dismissal and requested reasons for his dismissal, but did not receive a response.

What we did

Redmans represented Jason on a no win no fee basis in his claim (under a “Damage-Based Agreement”), with Chris Hadrill acting as the lead solicitor in the claim. Chris advised Jason on all aspects of his claim and represented him at the Employment Tribunal in a 1-day hearing, with counsel representing the other side.

The result

As well as making claims for unfair dismissal, Chris also advised Jason that he should make a claim for his employer’s failure to provide written reasons for his dismissal. Jason was successful in both these aspects of his claim.

Chris secured just under £20,000 in compensation for Jason on a ‘no win no fee’ agreement, which meant that if Jason had not win his claims then Redmans would not have been paid a fee.

Call 020 3397 3603 or contact us if you want to talk to Redmans about an Employment Tribunal claim.

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.

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