In Mr Reeves v Goldman Sachs International, a former executive was awarded £1.45m after facing redundancy while on parental leave. The Employment Tribunal found that he was unfairly dismissed and subjected to sex discrimination in the workplace.

Below, we examine the facts of the case and the Employment Tribunal’s judgment. We then establish what sex discrimination at work is and the steps individuals can take if they believe their employment rights have been breached.

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The Facts in Mr Reeves v Goldman Sachs International

Background to the Sex Discrimination in the Workplace Claim

Mr Reeves (the “Claimant”) began working for Goldman Sachs International (the “Respondent”) in 2007. Originally, he worked in its Salt Lake City office before transferring to Sydney and then London in 2013. At that time, he held the title “Vice President” and was promoted to “Senior Vice President” some seven years later.

The Respondent had a policy, which allowed eligible employees to take up to twenty-six weeks of paid leave following the birth of their child. As such, the Claimant did just that, commencing parental leave in November 2021. However, before he was due to return to work, he was informed that he was at risk of redundancy on 5 May 2022.

When the Claimant’s parental leave finished the following month, he was not allowed to return to the office and was instead placed on garden leave. By 6 June, he was then informed that his employment would cease on 4 September and that he would remain on garden leave during this period.

The Claimant later brought a grievance concerning his redundancy; however, this was dismissed. He also brought claims concerning sex discrimination in the workplace and unfair dismissal.

The Employment Tribunal’s Judgment

During the proceedings, the Employment Tribunal heard about several issues that occurred during the Claimant’s employment.

For example, the Claimant alleged that the Respondent was dismissive of his struggles balancing work responsibilities with childcare during the Covid-19 pandemic and resulting lockdowns. He added that the Respondent was more empathic towards female staff with children than himself, something the Tribunal accepted, even if there was no evidence of this.

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Furthermore, despite previously being identified as a ‘talent’ and a potential candidate for a future promotion to Managing Director, the Claimant’s performance came into question, with an incident over the 2020 August bank holiday becoming particularly significant. At that time, an incident at work required senior leadership attention, including the Claimant’s. Unfortunately, he was driving his family to Cornwall, consequently missing contact from his peers. While the Claimant didn’t often miss such correspondence, the Respondent continued to hold this over him throughout the rest of his employment; something the Tribunal deemed unreasonable.

Claimant Awarded £1.45m Following Successful Claims

Looking at the Claimant’s unfair dismissal claim, the Tribunal held that he’d been unfairly dismissed. The Respondent alleged that he’d been dismissed fairly by way of redundancy. However, the Tribunal found that the Claimant’s role was filled by two other employees, highlighting that a redundancy situation didn’t exist. But even if it did, since critical elements for a fair redundancy, like a formal consultation, hadn’t occurred, the procedure was unfair, too.

Moving on to the Claimant’s sex discrimination in the workplace claim, the Tribunal again ruled in his favour. This time, it considered:

• The Respondent’s apparent dismissiveness towards his struggles balancing work and childcare during the pandemic;
• The shift in attitude towards him following the August bank holiday incident when he was away with his family; and
• How a reduction in his pay, him being put at risk of redundancy and subsequently being dismissed all occurred in connection with his extended parental leave.

The Tribunal ultimately concluded that a female comparator wouldn’t have experienced the same treatment, meaning sex discrimination had occurred. Following its ruling, the Employment Tribunal therefore awarded the Claimant £1.45m, comprising injury to feelings and lost earnings, among other things. This compensatory figure came following a 50% reduction to his award, after the Tribunal determined there was an equal chance he would’ve been made redundant had a fair process been followed.

What is Sex Discrimination in the Workplace?

The Equality Act 2010 protects individuals from unfavourable treatment based on their protected characteristics, which include sex. Such treatment could arise in the form of direct sex discrimination at work. It could also comprise indirect discrimination, harassment or victimisation.

Direct sex discrimination occurs when an individual is subjected to unfavourable treatment specifically because of their sex. This could include not receiving a promotion because they’re a woman. Indirect sex discrimination, meanwhile, arises when a company-wide policy disproportionately impacts people with a specific characteristic. In the case of sex, it may include parental leave entitlements disregarding men, as women are often seen as the primary caregivers.

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As for harassment, this occurs when an individual experiences unwanted conduct that has the purpose or effect of violating their dignity or creating a hostile, degrading or intimidating environment for them. With regard to sex, such treatment could include sex-specific slurs or stereotypes. Finally, victimisation arises when an individual faces unfavourable treatment after making or supporting another in a sex discrimination claim.

Employers have obligations to protect individuals from workplace sex discrimination. If they fail to do so, those impacted may be entitled to bring a claim to the Employment Tribunal, explored further below.

What Can I Do if My Employment Rights Are Breached?

If an employee believes they’ve experienced sex discrimination in the workplace, it’s important they act quickly. While an Employment Tribunal claim is typically a last resort, strict time limits apply for bringing one.

Before deciding which steps to take, it’s often recommended to gather evidence of the act(s) complained of. Doing so will help strengthen one’s case and increase the likelihood of a successful outcome. Evidence could include the contact details of witnesses for future statements, email correspondence or employment decisions made in writing.

Once evidence has been collected, the next step usually involves internal dispute resolution avenues. Depending on the circumstances, this could include having an informal chat with HR or raising a formal grievance through an employer’s policy. Whichever route is taken, if the issue is resolved here, the stresses and costs associated with legal action can be avoided.

However, if internal avenues fail to provide a satisfactory outcome, it’s then recommended to turn to Early Conciliation through ACAS. This process is free and independent, and provides another opportunity to resolve the matter informally. Notifying ACAS for Early Conciliation is also usually required before Tribunal claims can be brought, making it an essential step.

As mentioned, though, if all else fails, it may be necessary to initiate legal proceedings. Strict time limits and eligibility criteria must be met to proceed, but if successful, compensation could be awarded. To understand the process and what options may be available further, it’s recommended employees seek specialist legal advice.

Sex Discrimination in the Workplace: Get Help with Redmans

If you’ve faced sex discrimination in the workplace and want expert help, contact Redmans Solicitors. As employment specialists, we can assess your case, provide answers and discuss your possible next steps. We can also determine your eligibility to claim compensation and guide those eligible through the process.

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• Give us a call directly on 020 3397 3603
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