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Beauty therapist wins discrimination and unfair dismissal claim

An employment tribunal has awarded compensation to a claimant, Emma Holt who worked at Bannatyne Fitness for almost 10 years after she was made redundant following a disagreement regarding childcare arrangements.

Ms Holt worked between Monday and Friday to accommodate her childcare needs but would work on weekends in exceptional circumstances. The reason for the flexible working arrangement was that she was unable to arrange childcare cover for weekends.

Senior Managers at the Centre insisted that she work weekends, following which she made enquiries regarding childcare but was unable to find weekend facilities in the area. She therefore refused on the basis that the proposed rota would not bring additional benefits to the Company. She raised a grievance and was later dismissed by reason of redundancy.

Ms Holt bought a claim in the employment tribunal for unfair dismissal and sex discrimination. The tribunal concluded that the employer had not conducted any ‘meaningful investigation’ of her grievance. The tribunal accepted that she had suffered anger, distress and affront but it did not find that her employer had victimised her.

Ms Holt explained to the tribunal that she had no objection to working weekends save that she was unable to find childcare for weekends. The tribunal awarded her £18,399, £8000 of which was an award for injury to feelings. The remainder was for unfair dismissal.

This article is not a substitute for legal advice on specific facts and circumstances. It is designed as a free update on the law at the time of publishing. Knight Polson Limited trading as QualitySolicitors Knight Polson accepts no responsibility for reliance on this article and recommends that you seek independent legal advice on your specific circumstances prior to taking any steps.

If you have any questions or would like to discuss the contents of the above article, please do not hesitate to contact us on knightpolson@qualitysolicitors.com  or 023 8064 4822.

 

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