Approach to costs
Solicitors at Humphreys & Co. always aim to approach
legal work in a financially-disciplined way. We offer
competitive rates. Our charging approach is both transparent
and geared to the options open to our clients. Our
solicitors generally charge by reference to time spent but
we can often agree fixed fees for specific work or in some
cases risk-adjusted funding structures.
|
Send us a summary of your circumstances and objectives for a quick response. |
|
 |
CONSTRUCTIVE DISMISSAL : REASONS : REPUDIATION : SEXUAL ORIENTATION DISCRIMINATION : ADEQUACY OF TRIBUNAL'S REASONS FOR UPHOLDING CLAIMANT'S COMPLAINTS : EMPLOYMENT EQUALITY (SEXUAL ORIENTATION) REGULATIONS 2003
In circumstances where an employee's complaints of various incidents of sexual orientation harassment and bullying had been flatly denied by the alleged perpetrators, the employment tribunal had adopted a permissible approach when it upheld those complaints for which there was corroboration.
The appellant employer (M) appealed against a decision of the employment tribunal to uphold complaints of constructive unfair dismissal and harassment on the ground of sexual orientation brought by M's former employee (W). W had revealed his homosexuality at a sporting event sponsored by M. His sexual harassment complaints centred around a number of incidents which occurred after that event involving various employees of M. W went off sick and while off work submitted a written grievance complaining of a number of incidents of bullying and sexual orientation harassment. M dismissed W's grievance at a meeting without discussing the complaints with him. W's appeal was also rejected and in response he resigned. M argued that (1) the tribunal had failed to give adequate reasons for its decision to uphold four of W's allegations of harassment while rejecting eight others; (2) some of the incidents complained of had occurred before the coming into force of the Employment Equality (Sexual Orientation) Regulations 2003 and therefore could not constitute the statutory tort; (3) its treatment of W's grievance had been cured by the appeal process.
HELD: (1) The onus had been on W to establish on the balance of probabilities the factual allegations of harassment. Given that all the alleged perpetrators had denied the allegations, the tribunal sought to find corroborative evidence for each individual complaint. Where that evidence was found, the tribunal upheld the complaint. The tribunal had adopted a rational and plainly explicable approach to its fact-finding in relation to the individual allegations of sexual harassment and had complied with the duty to give reasons. (2) The allegations upheld involved a continuing course of conduct which stretched past the operative date of the Regulations. (3) The appeal process did not cure the repudiatory breach represented by M's treatment of W's grievance, Bournemouth University Higher Education Corp v Buckland (2010) EWCA Civ 121 applied. Accordingly, W was entitled to rely on the breach to support a claim for unfair constructive dismissal.
Appeal dismissed
M&L SHEET METALS LTD v S WILLIS (2010)
EAT (Judge Peter Clark, K Mohanty, SM Wilson) 12/3/2010
"Lawtel": 12.4.2010
|
|
Accessibility
We take instructions from UK & international clients. Our independent lawyers are available by email, telephone & fax. With central Bristol offices we are just 90 minutes from London by road or rail and 15 minutes from Bristol International Airport. We can travel to meetings if required.
|
Independent approach
We are an independent professional law firm here, not a legal factory turning out mass-produced products. In our experience, determined case-handling is more likely to produce effective results.
|
Turnaround time
Solicitors at Humphreys & Co. look to input not only
careful legal work and precision but also the determination
to keep matters moving. They aim to work in clients' real
interests with energy and pragmatism.
|
Communication skills
Solicitors at Humphreys & Co. always try to open up the
legal process by giving advice and explaining options to
clients in a concise and straightforward way, identifying
clear courses of action whatever the technical or legal
complexities of the subject. |
|
