Ryan Anderson acted for RSL and 2 of its directors in successfully defending a multi-strand claim brought by a former senior employee and managing director (an immediate family member of the other directors).
The London South Employment Tribunal dismissed all claims, which included:
- constructive and unfair dismissal
- direct sex and disability discrimination
- harassment
- victimisation, and
- failure to make reasonable adjustments.
The claim
The claimant resigned her directorship in November 2021 and stopped attending the workplace.
She alleged that her resignation amounted to constructive dismissal and that she was treated unfavourably due to her sex and disability.
She also claimed harassment and victimisation, particularly in relation to grievance and disciplinary procedures, and dismissal during her notice period.
The 6-day trial involved cross examination of multiple directors and family members.
Dismissal claims
The tribunal found no repudiatory breach by RSL and held there had been no dismissal.
The claimant remained on the payroll, carried out limited duties, and would not state definitively whether she wanted her employment to terminate.
Even if she had been dismissed, the tribunal found it would have been for a fair reason, namely her refusal to carry out duties.
Discrimination and harassment
Although RSL accepted that the claimant was disabled at the relevant time, the tribunal found it did not have knowledge of her condition.
- There were no formal disclosures or medical records.
- Alleged discriminatory remarks were found to relate to family tensions, not protected characteristics.
Victimisation
The tribunal held that the claimant had not carried out a protected act and that disciplinary steps were not linked to any anticipated Equality Act claim.
Result
Following oral judgment, all claims were dismissed.
The tribunal thanked Ryan for the “professional and tempered” way in which he conducted the case on behalf of RSL and its directors.
Ryan was instructed by Marika Monaghan, Associate Solicitor at Mayo Wynne Baxter.