Search

How can we help?

Icon

Melanie Pimenta comments on ‘employers cannot cut corners with disciplinaries’

Receptionist fired due to suspected testifying against his employer in sexual harassment case was unfairly dismissed, tribunal rules.

Melanie Pimenta, senior solicitor for Clarkslegal said the case clearly demonstrates that  employers cannot cut corners with disciplinaries.

“Employers cannot get away with not following the proper investigative and disciplinary procedures by dismissing without providing a fair reason and suspending without pay,” said Pimenta, who added that employers should also not suspend or dismiss on an “assumption that their employees may give evidence in a claim against them, as they risk a victimisation claim being raised against them”.

Read the full article: People Management 

If you have any questions in relation to discrimination, please contact our employment lawyers for advice.

Melanie Pimenta

Associate

View profile

+44 118 960 4653

Judge made ‘no hesitation’ in ruling the dismissal was unfair and would also be classed as victimisation under the Equality Act 2010.

About this article

Disclaimer
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

Melanie Pimenta

Associate

View profile

+44 118 960 4653

About this article

Read, listen and watch our latest insights

art
  • 19 April 2024
  • Employment

Amanda Glover comments on ‘Employment law isn’t working for anyone’ for HR Magazine

In HR magazine, Amanda Glover, Associate at Clarkslegal responds to the recent article titled ‘Employment law isn’t working for anyone’ by Libby Purves in The Times last week.

art
  • 17 April 2024
  • Employment

‘Injured feelings’- Vento Bands price increase 2024

Injuring someone’s feelings through acts of discrimination, harassment or victimisation can be a costly business.

art
  • 17 April 2024
  • Employment

FAQs on the long awaited amendments to Statutory Paternity Leave

This April has seen a wave of new family friendly rights come into force. Amongst these, is the long awaited amendments to Statutory Paternity Leave.

art
  • 10 April 2024
  • Employment

New Guidance: Confidence to Recruit

The new Government guide in collaboration with the CIPD aims to give employers the confidence to recruit its workforce from a wider range of people including those who may have been overlooked in the past as a problem rather than an asset.

art
  • 03 April 2024
  • Employment

FAQ’s on the new Carer’s Leave Act

Beginning on 6 April 2024, the Carer’s Leave Act comes into force, meaning carers are now entitled to request 1 week’s unpaid leave to care for their dependants.

art
  • 26 March 2024
  • Employment

Navigating Neuroinclusion: A Guide for Employers

Over the past few years, we have seen a marked rise in awareness of neurodiversity, as well as campaigns for awareness and inclusion in the workplace for neurodiverse employees.