J Stern & Co is accused of constructively unfairly dismissing employee and victimisation

Case study: Discrimination- Jerome Stern, chief executive of J Stern & Co is accused of constructively unfairly dismissing employee and victimisation.

Some of you may have read the Evening Standard yesterday. There was an article about a former client manager for a private bank in Knightsbridge who has lodged a claim at the Tribunal against J stern and Co for constructive dismissal and victimisation. Ms. Montero submitted a grievance in February 2016 claiming discrimination. She told the Tribunal that she was “ostracised and isolated from the moment she put in her grievance.” She added that the “final straw” came in March last year, after a period off sick with stress when she was accused of wrongly claiming a £294 dinner expense.

We will be following this case closely and will provide you with updates.

What is Victimisation?

The relevant legislation is the Equality Act 2010, which is concerned with discrimination in relation to the “protected characteristics,” such age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation.

An employer victimises an employee if it subjects the employee to a detriment because the employee has done, or might do, a protected act (or because it believes that the employee has done, or might do such an act.

Examples of “protected acts” may be:

• Bringing proceedings under the Equality Act 2010;
• Giving evidence or information in connection with proceedings under the Equality Act;
• Doing any other thing for the purposes of or in connection with the Equality Act.

What do you need to do as an employer if you receive a grievance about discrimination?

Employers should carry out a full and comprehensive investigation in relation to the allegations raised. Speak to the employee to see how they can help them and move forward. If not sure, how to deal with a grievance or you do not have an independent person speak to a Solicitor for early advice as errors made could be critical and damaging for a business.

To speak to an expert Solicitor about a discrimination matter please call 020 7903 6888 or email contact@davenportsolicitors.com

The material contained on this website contains general information only and does not constitute legal or other professional advice and should not be relied upon as such. While every care has been taken in the preparation of the information on this site, readers are advised to seek specific legal advice in relation to any decision or course of action.