Discrimination, Bullying & Harassment

Diversity, discrimination and harassment cases are often complex and the stakes can be high, both financially and emotionally and cause irrevocable damage to reputations. The right strategic and legal advice is crucial in successfully navigating the discrimination law minefield, whether bringing or defending claims, or working to prevent claims and manage risk.

We have a wealth of experience acting in discrimination, bullying and harassment cases, providing pragmatic advice and, where necessary, applying appropriate force through litigation, managing the short and long term reputational issues for all involved.   We are one of few firms acting at the highest level for both employers and employees: whether an individual seeking to prosecute such claims in the Employment Tribunal or High Court, or an employer seeking to resolve them.  This gives us a unique understanding of tactics deployed by both sides. 

We also work with organisations to prevent claims, providing innovative training through our Mishcon Enable training product, raising managers' awareness of equality and diversity in the workplace, helping them to prevent common pitfalls and recognise when to ask for help.

Experience

  • Acted in Clyde & Co LLP & Anor v Bates Van Winkelhof [2012] EWCA Civ 1207, a case which clarified the law on the scope of territorial jurisdiction in the Equality Act 2010.
  • Representing an LLP in a multi-million pound claim brought by an employee of the firm in a sex, age and disability discrimination claim arising out of the firm's 'up or out' policy.
  • Acted in a major piece of discrimination litigation for a global interdealer broker. Part of that litigation established (in the Employment Appeal Tribunal) that an employee cannot bring proceedings in the Employment Tribunal in respect of matters arising in another jurisdiction, even if that employment was contiguous with employment in the UK.
  • Acting for a fashion company defending a series of claims brought by a former employee for, amongst other things, direct disability discrimination, harassment and failure to pay sick pay as an act of discrimination.
  • Acting for a global company in a complex and sensitive matter involving a successful application for interim injunctive relief in the High Court in respect of a breach of confidence and defending claims for indirect race discrimination in the Employment Tribunal.
  • Acted for the claimant in Griffin v Plymouth Hospital NHS Trust [2014] IRLR 962 in the Court of Appeal, appealing the Employment Appeal Tribunal's decision on quantum following her successful claims for disability discrimination and constructive unfair dismissal.

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