Grace Cullen successfully represents the Claimant in a discrimination claim (arising from cancer) with compensation awarded at £1.2million.

Grace Cullen successfully represented the Claimant in a claim of discriminatory unfair dismissal and disability discrimination arising from the Claimant’s diagnosis and treatment for breast cancer.

The Claimant worked for Cennox plc (a global company specialising in retail and banking services). Whilst she was off sick and undergoing treatment, including chemotherapy, for breast cancer, her employer restructured and permanently appointed another employee to her role. The Claimant discovered this through a LinkedIn post from the employee who had been given her job. When the Claimant asked her employer about it, she was misled by her manager and HR, and this was found to be discriminatory.

The Claimant brought claims for discrimination arising from her cancer diagnosis and treatment. She was successful in her claim for discrimination. However, the Claimant initially lost her claim for discriminatory unfair dismissal.

Grace Cullen successfully represented the Claimant at the appeal hearing, where the EAT ruled that the Employment Tribunal had misapplied the law and failed to give adequate reasons in respect of the Claimant’s claim for discriminatory unfair dismissal. The claim was remitted to a new Tribunal.

Grace successfully represented the Claimant at the remitted hearing. The Employment Tribunal found that the Claimant’s constructive dismissal was discriminatory and that a central part of the reason for her decision to resign was the discriminatory treatment by the Respondent. The Claimant was awarded £1.2million in damages.

The case has been widely reported in legal press and in national press including The Telegraph and the Daily Mail.

The remitted judgment is here: Mrs_A_Wainwright_-v-_Cennox_Plc_-_3202777_2019_-_Judgment.pdf