Discrimination, Bullying & Harassment – for Businesses

We have extensive experience in advising businesses on allegations of all forms of discrimination, bullying and harassment including sexual harassment and the duties to take reasonable steps to prevent the same.

Frequently such claims arise as part of a grievance or disciplinary process and are asserted against not only the business but also named individuals. We help clients analyse the issues arising, identify the appropriate processes for managing such allegations and assess the merits of potential claims to enable the business to make a commercial assessment of the risks arising and advise on the management of those risks.

We will consider with the business any remedial action to be taken, help with any training requirements and consider possible outcomes in the context of the relevant business objectives.

Our extensive experience of acting on ‘the other side of the fence’for individuals asserting discrimination claims, enforces our ability when acting for a business to anticipate how matters will develop and move accordingly when acting for a business in respect of such claims.

We are experts in this field and we are here to help.

Overview

Businesses

Senior Executives

Contact the team

Contact our team

Phone: +44 (0)20 7691 4000

Email: [email protected]

Experience:

Acting for the UK subsidiary of a US investment management group in defence of a claim for maternity and sex discrimination arising from redundancy, to include the effective deployment of appropriate legal argument to rebut the allegation that there was no obligation to prefer the individual for an alternative role under the Maternity and Parental Leave Etc. Regulations 1999.

Acting for a substantial real estate company and senior managers named individually in claims brought by an employee for race discrimination, harassment and whistleblowing.

Advising a professional services partnership on complex disability discrimination issues arising with an under-performing employee. Dealt with the ‘decoupling’ of the under-performance issues with those arising from the employee’s ill health. We successfully supported the client in navigating careful engagement with the employee and Occupational Health, identifying issues arising, advising on reasonable adjustments and how to monitor performance in that context without exposing the client to an allegation of disability discrimination. No claims issued against our client.

Advising a global paper supplier in the management of sexual harassment allegations arising from an incident at work resulting in an assault of a sexual nature in the office. Careful and effective management resulted in the resolution of the matter with no claims arising against our client.

Advising international publisher on dismissal of senior employee absent for stress and anxiety to include disability discrimination, reasonable adjustments and the interplay with permanent health insurance benefits. Successfully navigating a capability dismissal with no claim arising.

Acting for a foundry in defence of multiple claims in the Employment Tribunal for disability discrimination on the grounds of stress and anxiety and constructive unfair dismissal, securing settlement upon a nominal payment by our client.

Acting for a print media distributor to advise on a complex capability exit concerning a Senior Manager who had transferred under TUPE with substantial sickness and contractual redundancy benefits and assisting with the management of ongoing absences and ultimately a capability dismissal.

Acting for a media advertising company in relation to an under-performing employee diagnosed with cancer (an automatic disability for the purposes of the Equality Act). We assisted our client in addressing its performance concerns by transitioning the employee on their return from long term sickness absence, into a different role on a lower salary, with the agreement of the employee.

Advising property management company on capability issues arising with employee diagnosed with cancer whilst in a key role requiring intense period of work. Assisted with reallocation of duties and appropriate change of role for relevant employee when reasonable adjustments were not possible in the particular role. No claims arising.

Advising law firm on absenteeism and conduct issues arising with a member of staff struggling with alcohol abuse issues. Advised on appropriate support but ultimately capability dismissal with no claims arising.

Advising pharmaceutical research company on regular ad hoc lateness and absences from work for genuine but various health and personal issues, ultimately securing capability dismissal with no claims arising

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