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Jessica Franklin successfully represents the Claimant against the SoS for Justice indirect discrimination and victimisation

Jessica Franklin successfully represents the Claimant against the SoS for Justice for indirect discrimination and victimisation

Jessica Franklin successfully represented the Claimant, a dog handler, in a claim against the SoS for Justice for indirect discrimination and victimisation.

The Claimant is a drug-detection dog handler at HMP Pentonville. The Claimant was granted partial retirement to care for her elderly father. The Tribunal found that the decision to grant the Claimant partial retirement was met with “disappointment and irritation” by the Claimant’s managers and that they tried to make “the practical application of [her partial retirement] as difficult as possible for the Claimant”.

Following her partial retirement, the Claimant applied to work a shift pattern with fewer weekends so that she could meet her caring responsibilities. This was repeatedly refused by her managers.

The Tribunal upheld all the claims for indirect sex discrimination. It found that the Respondent’s practice of requiring the Claimant to work shifts of its choosing put (mostly women) carers at a particular disadvantage.

In addition, the Tribunal upheld two claims for victimisation, finding that that the Respondent’s refusal to consult with the Claimant about her shift patterns, and the Respondent’s imposition of a shift pattern on the Claimant, was because she had complained about discrimination.

The Tribunal stated that it was “disappointed” by the conduct of the Claimant’s line manager, and was “struck by the inequality” of the Respondent’s method of imposing shift patterns on the Claimant.

The case was heard over 4 days in the Watford Employment Tribunal. Jessica was instructed by Thompsons Solicitors LLP. A two-day remedy hearing is to follow.

Find out more

Jessica specialises in personal injury and employment. Jessica is ranked in the Legal 500 (2025) as a Rising Star in employment law. She is particularly experienced in discrimination, unfair dismissal and whistleblowing claims. She is routinely instructed as sole counsel in multi-day employment trials, as well as appearing in preliminary hearings covering issues such as worker status, jurisdiction and time limits.

To find out more about Jessica, contact Paul Barton on +44 (0)207 427 4907 for a confidential discussion.

News 6 Jan, 2025

Authors

Jessica Franklin

Call: 2021

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