Marketing Director, Mrs Shipp, was awarded £30,000 by The London Central Employment Tribunal for injury to feeling due to maternity and sex discrimination.

Whilst she was pregnant, Mrs Shipp was asked whether her baby was planned and how she thought her pregnancy would affect her career prospects. In addition to this, male colleagues also suggested putting bets on how much weight she would gain whilst she was pregnant.

Mrs Shipp raised the matter with senior bosses before going on maternity leave in June 2019 and she expressed how she was upset and frustrated with the comments.

During Mrs Shipp’s maternity leave, the company decided to restructure. They made redundancies and other colleagues resigned, however, the company did not inform Mrs Shipp of these changes and they overlooked the fact that she was on maternity leave.

Mrs Shipp was later told that she was being laid off via email and although she raised a grievance in December 2019, it was dismissed.

In September 2020, Mrs Shipp was then sacked after refusing to do the same Marketing Director job under a lesser title and for a considerably lower salary. It was later revealed that male co-workers changed job roles but did not receive a pay cut in the same way Mrs Shipp did.

The Employment Judge found that the unwanted comments Mrs Shipp experienced during her pregnancy generated an atmosphere that was humiliating and degrading for her. The Judge also concluded that she was subjected to a serious case of maternity discrimination before awarding her £30,000.

What can employees learn from this case?

It goes without saying that finding out you have lost your job whilst you are on maternity leave is incredibly distressing and thankfully, The Equality Act 2010 (The EA) provides protection to employees in Mrs Shipps’ situation and this is why she went on to win her discrimination claim.

Gender, pregnancy and maternity are all ‘Protected Characteristics’ under The EA and if you suffer any unfavourable treatment due to these characteristics then you may be able to take a claim to the Employment Tribunal. The EA recognises different forms of discrimination at work too, including; direct discrimination, indirect discrimination, harassment and victimisation, and it protects against a huge range of different types of discriminatory behaviour.

All employees should be aware that whilst they are on maternity leave, they are still protected by The EA and this act covers every section of UK employment. So, if you were to experience any unfavourable treatment whilst you are on maternity leave, this is unlawful and you can still make a claim against your employer. It is worth noting that Employment Law provides you with protection from the moment that you become pregnant until the end of your maternity leave.

Both sex discrimination and maternity discrimination are not something that should be overlooked and the case above is proof that you can win discrimination claims of this kind when you go to the Employment Tribunal. So, if you have been treated unfairly or in a manner that has caused emotional or physical suffering whilst you are pregnant or on maternity leave then it is beneficial to turn to an employment law specialist for some tailored advice.

Speaking to a specialist about sex discrimination claims

Should you wish to speak to an expert about the acts of discrimination you have experienced in the workplace and to find out more about making a claim to the Employment Tribunal, do not hesitate to contact Damian McCarthy today. It is important to be aware that most discrimination claims need to be made within three months less one day from the date that the discrimination occurred, so do not put off reaching out for assistance in this regard.

Damian is an employment law specialist with extensive experience and he will gladly provide you with any legal advice that you require relating to sex discrimination claims. He is particularly popular amongst clients who require assistance with complex claims of discrimination and dismissal, and he is passionate about ensuring that his clients’ interests are protected throughout all legal proceedings. You can trust that Damian will do all he can to turn your case into a winning one and help you to get the justice you deserve. So, be sure to get in touch with him as soon as possible.

Unfortunately, discriminatory behaviour comes in many forms and it can cause harm to employees through many means. An incredibly common cause of workplace discrimination is harassment and whilst there are several types of workplace harassment, sexual harassment has been a huge problem for many years now. Thankfully, the UK Government is intending to do more to prevent sexual harassment in the workplace.

Simply put, harassment is behaviour towards an individual that causes them to feel victimised and instances of sexual harassment in the workplace include; the unnecessary touching of a person, making jokes of a sexual nature and the use of sexually suggestive materials. An incredibly common form of sexual harassment involves employers making sexual advances towards employees in return for career benefits too.

The recent announcement from the Government has given many employees hope that more will soon be done to significantly reduce the amount of sexual harassment in the workplace and below we have looked into the new ‘duty’ that will be placed upon employers in this regard.

What was the Government’s announcement?

The UK Government announced that it intends to introduce a new duty requiring employers to prevent sexual harassment in the workplace. Whilst it is not yet clear exactly what this new duty will entail, employers will have to take ‘all reasonable steps’ to prevent harassment and make the workplace safer for everyone, and they could find themselves liable if they do not do so.

In addition to this, the Government will introduce explicit protections from third-party harassment and also look closely at extending the time limit for bringing Equality Act 2010 based cases to the employment tribunal from 3 months to 6 months.

These proposals are in response to the Government’s 2019 consultation on sexual harassment in the workplace which ran from the 11th July to the 2nd October 2019. At this moment in time, there is not any indication as to when legislative changes will be introduced, but the Government has said that it will be as soon as parliamentary time allows.

What are employers’ current requirements relating to sexual harassment?

Currently, under equality law, employers must take reasonable steps to prevent sexual harassment of employees by their colleagues. This means that although anyone who sexually harasses someone at work is responsible for their own actions, employers can also be held responsible too. ‘Vicarious liability’ means that employers can be liable for the legal wrongs committed by an employee in the course of their employment.

In an attempt to ensure that they will not be liable should a sexual harassment claim be taken to the Employment Tribunal, many employers will have policies and procedures in place, and also provide staff training surrounding sexual harassment.

What protection do employees currently have against sexual harassment?

It is essential that all employees are aware that The Equality Act 2010 already protects them against sexual harassment in the workplace. This piece of legislation provides protection for every section of UK employment and should you be subjected to sexual harassment, you can make a claim to the Employment Tribunal. This claim can be brought against both the harasser and also your employers on the basis that they are vicariously liable for the harassment.

Learning more about protections surrounding sexual harassment

All in all, many are hopefully that the various proposals made by the Government will have a positive impact and help to significantly reduce the number of employees who experience sexual harassment in the workplace. Should you have any questions at all regarding discrimination and harassment or require any tailored legal advice in relation to your individual experience of sexual harassment, please do not hestistate to contact Damian McCarthy.

As an employment law specialist in Central London, Damian has the knowledge and experience required to discuss workplace sexual harassment with you in much more detail. He will be able to provide you with any additional information that you require about The Equality Act 2010 and how it protects you from harassment whilst at work. If you are interested in making a claim against your employer, Damian can assist you in doing so too and he has a wide range of experience helping clients with employment law issues, so you can trust that you will be in the best hands when you turn to him for assistance.

On element of compensation that can be awarded by an Employment Tribunals for unlawful discrimination (such as sex discrimination, race discrimination and disability discrimination) are awards for ‘injury to feelings’. 

In Vento v Chief Constable of West Yorkshire Police [2003] IRLR 102 the Court of Appeal set out guidelines for the award of compensation for injury to feelings. The court roughly categorised three bands – lower, middle and top.

The Presidents of Employment Tribunals for England and Wales and Scotland have increased amounts in the Vento bands from 6 April 2020 as follows:

Lower band (for the least serious cases, e.g. one isolated incident of discrimination) : £900 – £9,000.

Middle band (which is used for serious cases but not in the highest band) : £9,000 – £27,000.

Top band (for the most serious cases, such as a lengthy campaign of discriminatory harassment) : £27,000 – £45,000, with the possibility of a higher award in the most serious cases.

This article can also be found here: Nathiowide Employment Lawyers.

The annual Christmas party gives employers the opportunity to thank members of staff for their contribution over the past year and is a chance for everyone to relax and enjoy the holiday season. However, it is easy to forget that an employer owes its employees certain obligations, even outside work, when the event has been organised by the employer, and that employees’ conduct during it should comply with normal standards and should not breach workplace equal treatment and anti-harassment policies. An employer may be held vicariously liable for the actions of employees at such functions as they are likely to be considered as having occurred ‘in the course of employment’.

In order to prevent what should be a happy occasion from leading to recriminations or worse, an employer should take certain basic steps. Here are some of the more important ones:

• When planning any work event, thought should be given to whether it will coincide with the dates of religious festivals;
• Carry out a risk assessment – this should include the venue and, in particular, the possible risks associated with serving alcohol. Making sure employees can get home safely is important, so consider hiring transport or providing taxis if necessary. Ensure soft drinks are provided as an alternative to alcoholic drinks and that individual dietary requirements are catered for;
• Ensure that, if employees’ partners are invited, there is no discrimination with regard to who is included. Ensure also that reasonable adjustments are made to allow any disabled employee or partner to attend and that any employees absent on maternity leave or because of long-term sickness are included;
• Where possible, make sure that the arrangements accommodate the requirements of employees of different religions;
• Ensure that employees understand the difference between ‘banter’ and behaviour that could be considered to infringe the dignity of any person present…and if such behaviour occurs, act quickly to prevent a reoccurrence. Take prompt action if a complaint is received;
• Make sure that employees who are expected to attend work the day after the function understand that absence through over-indulgence is likely to be regarded as a disciplinary rather than a medical matter; and
• Make sure employees are aware that any illegal acts will not be tolerated.

The biggest problems that are likely to arise are that inappropriate behaviour may occur, especially if alcohol flows too freely, and that there may be conduct which members of a particular religious persuasion find objectionable.

Your firm’s contract of employment will probably deal with most or all of these issues. However, it is sensible to have a separate policy on what is expected of employees at workplace social events and to remind employees of its contents in advance of any function.

In one vicarious liability case, a claim was brought by an employee who was punched in the face by a colleague and suffered serious brain injury some time after a group of employees had left the firm’s Christmas party and adjourned to a nearby hotel. The High Court ruled that the employer could not be held liable for serious injuries inflicted by one member of staff on another some hours after the planned Christmas event had finished. This makes clear the wisdom of organising an event with an obvious finishing time, such as a meal at a restaurant, so that those who wish to continue to celebrate afterwards do so at a venue of their choice.

If you need any help contact us today on 020 8263 6080 or click here for a free initial consultation.

Disregarding health and safety rules can put your liberty, as well as the welfare of your staff and customers, in jeopardy. The owner of a restaurant that served a peanut allergy sufferer with a fatal dish found that out to his cost.

The customer had an allergy so severe that it could be triggered by mere proximity to peanuts. He took no chances and, before ordering a takeaway curry from the restaurant, sought and received confirmation that the dish contained no nuts. After eating it, however, he went into severe anaphylactic shock and died.

It later emerged that the restaurant was in serious financial difficulties and that cheap ingredients, which included peanuts, had been used in preparing the dish. Staff had been warned by a trading standards officer just a week before the fatal incident that customers must be told that their meals contained nuts. The owner was subsequently prosecuted and jailed for six years after being found guilty of manslaughter and six breaches of food safety standards.

The facts of the case emerged as the Court of Appeal found that the evidence against the owner was overwhelming and rejected his challenge to the manslaughter conviction. Despite his previous good character, the Court was also wholly unpersuaded that his jail term was excessive. The customer had died due to gross negligence, driven by money, that had persisted for months.

If you need any help contact us today on 020 8263 6080 or click here for a free initial consultation.