CORPORATE AND BUSINESS LAW

CORPORATE AND BUSINESS LAW

Ms. Indiscreet was an employee of Dillydale Accountants LLP for 10 years and was engaged at the Barnsley branch in the business development department. In December 2010, the firm held a Christmas party in the Grosvenor Hotel for its staff which was attended by, among others, Ms. Indiscreet, Mr. Fussy and Mr. Strong.

Ms. Indiscreet was in a relationship with an accountant at the practice (Mr. Fussy) and, at the time of the firm’s Christmas party, was pregnant by him. However, at the time of the Christmas Party Ms. Indiscreet was unaware that she was pregnant. During the party, most of the individuals present became increasingly drunk and, whilst in this state, Ms. Indiscreet and Mr. Strong (the firm’s technician) were seen by the other party-goers flirtatiously kissing. They were then seen sharing a hotel room for the night.

Shortly after the Christmas party Ms. Indiscreet discovered that she was pregnant. She informed the Head of Dillydale Accountants LLP (who in turn informed the Head of the Human Resources Department (Ms. Chatterbox)) of her pregnancy and requested that the information be kept secret until she had passed the 12th week. Following this meeting, Ms. Indiscreet became ill due to her pregnancy and was away from the office for one month. Having been informed of Ms. Indiscreet’s pregnancy, Ms. Chatterbox immediately spread news of Ms. Indiscreet’s pregnancy and questions were raised amongst the staff as to who the father might be (evidenced through text messages and emails). Given the night she spent with Mr. Strong, speculation spread throughout the firm as to whether the father was Mr. Fussy or Mr. Strong.

On her return, Ms. Indiscreet heard of the rumours and was very upset by them. She approached the Head of Dillydale Accountants to raise a grievance against Ms. Chatterbox having disclosed this information, and requested a transfer to another branch as she was very uncomfortable with the atmosphere created in the office. Ms. Indiscreet wrote a letter to the Head of the firm informing him that she could not continue to work at the Barnsley branch where Ms. Chatterbox was based. She further stated that she would be happy to travel and work in an alternative branch and was aware of a suitable position in the Sheffield office.

The Head of the firm refused this request and said that Ms. Indiscreet must return to her job in the Barnsley office or they would cease paying her. Ms. Indiscreet refused to return to the branch and thus her pay was frozen. On this event, Ms. Indiscreet wrote the following letter of resignation:

"I am disappointed that, after over 10 years of loyal service, you have not taken any action to address my grievances with the firm.

As I have consistently explained to you, I am not prepared to return to work at Barnsley whilst your HR Manager Ms. Chatterbox is still working at that office. I will not be subjected to further harassment, intimidation and victimisation by her.

I have been more than reasonable in my attempts to resolve this issue. I have even offered to work from the Sheffield office during the period whilst my grievance is under review. In return you have done nothing but demand that I return to work at Barnsley. As far as I am concerned you have made it impossible for me to return to work there by your failure to address these issues. Due to these reasons, I have no choice but to resign with immediate effect."

Ms. Indiscreet claimed constructive unfair dismissal, discrimination and harassment on the basis of her sex and pregnancy.

Tasks

1. Advise Ms. Indiscreet whether the Head of the Firm and its Human Resources Department have undertaken a course of conduct which would justify constructive dismissal.

2. Advise the Head of Dillydale Accountants LLP about the responsibilities imposed on employers when dealing with grievances and the requirements of the ACAS Code of Practice.

3. Explain to the Head of Dillydale Accountants LLP employee’s rights not to be discriminated against, including acts of harassment, and apply the law in assessing whether the actions and omissions by Dillydale Accountants LLP constituted breaches of the Equality Act 2010.

4. Explain the likely remedy that would be awarded if the claim of constructive unfair dismissal was upheld?

 

 

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