'Give your naughty child a good slap!'
Lawson-West wins unfair dismissal claim after employers told a Great-grandmother to give her 'naughty child' a 'good slap'.
We represented a Great-grandmother in a successful unfair dismissal claim against her employers...
In the case of Mrs Lee-Shields v Exquisite Displays Ltd: 2601609/2022, Lawson-West Solicitors represented the Claimant, who felt forced resign following her employers repeatedly told her to deal with her great grandson’s behaviour by giving them “a good slap”.
The Claimant began working for the Respondent in March 2003 and there was no dispute she was good at her job. The Respondent was a very small employer of two directors and only 3 other employees. Employment matters were dealt with informally as meetings happened informally and were not recorded.
In May 2021, the Claimant became a carer for her great grandson on an informal, supervised basis. In December 2021, the Claimant was granted kinship foster carer status. From the start of 2022, the Claimant’s great grandson’s emotional and mental health deteriorated substantially and manifested in violent behaviour at school. The Claimant was naturally under pressure and juggling several matters.
The directors were initially supportive of the Claimant’s situation however the frequency and intensity of the Claimant’s care responsibilities increased substantially in early 2022. The directors became increasingly frustrated, at one point suggested that the Claimant “should give X a good slap” or that “X was just a naughty child” because “it never did any harm to my kids”.
On 10 March 2022, the Claimant arrived late at work but later was required to collect her great grandson from school. This triggered more frustration from the directors who snapped asking, “where’s his f**king dad in all this?”. The Claimant was not given a chance to explain but shouted back, “I don’t know why you keep going on about his dad” and went outside to compose herself. When the Claimant returned inside the director presumed she was about to leave to collect her great-grandson and stated, “just give him a good slap”. At this point the Claimant could not take anymore, she shouted back, “don’t you think he’s been through enough?” and “you obviously don’t want me here” The Claimant left and later resigned after working for almost 20 years for the Respondent.
At the final hearing on 15th – 17th January 2024, Mr Max Gordon, the barrister instructed by Lawson-West successfully established the Claimant’s case. Employment Judge Robert Clark found that the directors had made assumptions about the situation and there had been aggressive criticism and frustrations at the Claimant and her caring commitments. This ultimately eroded the trust and confidence the Claimant had in her employer meaning her resignation amounted to unfair dismissal. The Claimant was awarded £24,725.35 in compensation.
Senior Associate Solicitor, Sejal Patel, comments:
“This was challenging and emotional case as the Claimant left a job she had been in for nearly 20 years. After such a long time, when an employment relationship ends abruptly it is always difficult for everyone involved. The Claimant like many of us was just juggling several matters to keep everything going. Therefore, being subjected to inappropriate and insensitive comments was unacceptable in any situation, certainly in a working environment. This case shows the duty employers have towards their employees, regardless of the size of the business.”
If you find yourself in a situation where you have faced unfair or constructive dismissal, we can help. Please remember there are strict time limits in Employment claims and you should take good free legal advice as soon as possible.
With offices in Leicester and Market Harborough our specialist Employment Solicitors can discuss your Employment Law claim at any of our branches. In addition, we are a national provider of expert Employment Law advice and welcome a free discussion with you regarding your circumstances and potential claim.
If you believe you have a situation where you require legal advice, please call us on 0116 212 1000 or alternatively fill in the free Contact Us form and we will get in touch as soon as possible.
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