Case study: Redmans secures £11,000 and a reference for client in settled Employment Tribunal victimisation claim
How Chris Hadrill, a specialist employment solicitor, represented a client in an Employment Tribunal claim and secured the client £11,000 tax-free ex-gratia compensation and a reference through a COT3 agreement (a form of settlement agreement).
Isaac (not his real name) worked as a customer service agent in a large communications firm, starting work in 2011. In 2014 Isaac complained that he believed that he wasn’t being treated equally to other employees as he had not been provided with an updated contract of employment. He felt that the firm did not respond sufficiently well to his complaints and made a further allegation that he was being discriminated against by the firm because of his race. The firm did not deal with this complaint and dismissed Isaac a month after his complaint about discrimination, alleging that he had been performing poorly at work. Isaac was surprised by this, as he had been given no notice of any poor performance, had not been given an opportunity to improve any alleged underperformance, and there was no capability process undertaken. He appealed against his dismissal but the firm failed to respond to his appeal.
What we did
When Isaac contacted the employment team in our Richmond office he was upset and stressed about losing his job. Chris Hadrill, a specialist employment solicitor at Redmans, handled Isaacs’s matter.
Chris explained to Isaac that he had strong prospects of success with an unfair dismissal claim, as his employer had failed to carry out a proper procedure when dismissing him (including a complete failure to carry out any form of capability process and to respond to his appeal). Chris also explained to Isaac that he may have a claim for victimisation, as it appeared that the firm had only taken steps to dismiss Isaac when they became aware that he had complained that he was being discriminated against.
Chris took Isaac’s case on a ‘no win no fee’ basis, meaning that Isaac would not have to pay large legal fees if he didn’t lose the case, and would only pay a proportion of any damages if he won the case. He represented Isaac throughout his matter, issuing his claim, attending preliminary hearings, and engaging in settlement negotiations with the firm.
Isaac’s previous employer agreed to settle Isaac’s claims for unfair dismissal and victimisation for the sum of £11,000, and also agreed to provide to Isaac with an agreed form of reference for prospective employers.
Chris Hadrill, the solicitor who represented Isaac in his case, commented on the matter: “Although this case didn’t go all the way to a full merits hearing in the Employment Tribunal, I’m confident that – weighing up the risks and rewards of litigation properly – the right decision was made to settle the case, and my client can now proceed with his life again.”