An employee of our client unsuccessfully applied for a vacancy in January 2016, which would have been a promotion for him. In response he, a long standing employee, raised a number of complaints alleging that over a number of years he and other employees had been denied a promotion and workplace opportunities because of religion.
There are times when an employer needs to, and should, take a stand when facing a claim in the employment tribunal and there are times when it makes commercial sense to settle.
Strict time limits are in place for issuing claims in the employment tribunal and if these are not complied with, there are only rare occasions when a claim will be allowed to continue to proceed.
Susanna Gilmartin, Partner, represented a senior director in relation to the abrupt termination of his employment, successfully assisting him in obtaining funding for High Court proceedings and negotiating a six figure compensation package for him.
There are times when an employer needs to take a stand which is exactly what Berry Gardens Limited the UK's largest berry supplier, with an annual turnover of £193 million did in respect of defending unfair dismissal proceedings issued against it by a former employee which it felt was a ‘try on’.
Susanna Gilmartin, Partner in the employment team recently represented a senior executive against his former employers and assisted him in winning his claim for constructive unfair dismissal and breach of contract in the employment tribunal.
Crowhurst Park, a holiday and leisure park on the outskirts of the historic town of Battle in East Sussex which lets luxury pine lodges and holiday homes on its 120 acre country estate, successfully got claims for constructive unfair dismissal struck out and costs awarded against the employees.
This case study demonstrates the expertise of our Corporate, Commercial, Employment and Dispute Resolution teams who worked closely together to secure a successful outcome for our client, seamlessly managing unfair dismissal and unfair prejudice claims side-by-side and offering the client a single point of contact in relation to both claims.
Dole Fresh (UK) Limited, a large producer, distributor and seller of fresh fruit and vegetables, successfully defended a direct attack to its business by taking High Court injunctive relief action to protect it and recover its confidential information.
The conduct of an employee in certain circumstances can result in the irretrievable breakdown of the working relationship entitling an employer to terminate the contract of employment.