Victimisation: Don’t just do it ✅

The recent employment tribunal (ET) decision in Benassi v Maximus UK Services Ltd demonstrates why it is important for employers to apply company policies equally across the board, address grievances properly and foster a supportive and inclusive work environment.

Background

Ms Benassi joined Maximus UK Services Ltd in August 2022. Although several of Ms Benassi’s colleagues were in their twenties, she elected not to share her age (18 years old) because of fear that it might cause her colleagues to treat her differently.

During the first few days of her starting work, Ms Benassi came across another colleague at the station who was crying, explaining that she had been bullied by one of the managers (Ms Ashraf). Ms Benassi believed that this interaction was observed by another employee and reported back to management. Ms Benassi explained in her grievance that she felt that this was when her issues with management began.

Ms Benassi alleged that her manager (Ms Ashraf) disclosed her age to other employees, despite her making a specific request that she did not. Following this event, she contacted Ms Ashraf to explain her disappointment but also said that she would like to ‘continue to build a good work rapport and get past this’. The final straw for Ms Benassi before raising her grievance was the discovery that another employee had accessed and taken photographs of her work laptop. In Ms Benassi’s grievance she stated that she believed that her Ms Ashraf’s ‘continuous targeting’ was a direct result of her being young and she did not believe that her manager would have treated her the same way had she been older. The grievance cited citing age-related harassment, breaches of confidentiality and micromanagement. The Respondent employed an external HR company who advised on the grievance process.

Whilst the grievance process was underway, Ms Benassi came into the office in trainers and was chastised by Ms Ashraf. Ms Benassi explained that she was unaware of the dress policy and apologised. Ms Benassi later noted that others were wearing trainers but did not receive any criticism so raised this in an email with Ms Ashraf. Ms Ashraf’s reply advised that it was ‘down to management to address’ the other colleagues’ work attire and another manager emailed Ms Benassi to say that it was ‘totally unacceptable to [come] to work in trainers’. As such, neither manager properly addressed Ms Benassi’s claim that double standards were being applied in relations to the dress policy.

In addition to the above issues, Ms Benassi did not feel that her concerns were adequately addressed during the grievance process or in the outcome. Ms Benassi’s employment was later terminated after three months of employment, ostensibly due to performance issues. Ms Benassi brought claims of victimisation and age-related harassment against her former employer.

Decision

The tribunal addressed two key claims: victimisation and harassment on grounds of age.

  • Victimisation Claim (upheld)

The ET found that Ms Benassi was subjected to detriment after raising a grievance that referenced possible age discrimination as following her complaint, she was placed under increased scrutiny, subjected to an increased number of meetings, and ultimately dismissed under dubious circumstances. The ET concluded that the grievance was a protected act under the Equality Act 2010, and the treatment that she was subjected to following this act was influenced by the grievance.

  • Harassment Claim (dismissed)

The ET found that there was insufficient evidence to connect Ms Benassi’s treatment with her age. The ET determined that the treatment was more likely connected to the different interpersonal issues, rather than as a result of an age bias.

The ET judge said that this was an example of an employer who views youth as a ‘liability rather than a strength’ and said that Ms Benassi’s managers had ‘a desire to find fault’ in her. In relation to the trainers, the ET judge said that Ms Benassi had been ‘unfairly tackled’ and that no allowance had been made by her managers for the fact that she was new and might not have been aware of the policy.

Ms Benassi was recently awarded £29,000 by the ET.

Lesson for employers

  1. Equal application of company policies: where there are company policies in place it is important that employers try, as far as is process, to apply these policies equally to employees.
  • Take grievances seriously: employers must investigate grievances thoroughly and impartially.
  • Avoid retaliation: victimising an employee for raising a grievance is unlawful. Employers should ensure that employees are not subjected to detrimental treatment or excessive scrutiny.
  • Performance management and probation: the ET noted that around 95% of the Respondent’s employees successfully passed probation, which raised questions about the fairness of Ms Benassi’s dismissal. Employers should ensure that probationary reviews are objective and free from undue influence.
  • Workplace culture: this case highlights the importance of fostering a supportive and inclusive environment. Ms Benassi’s experiences suggest a lack of managerial support and a poor culture.

The Benassi v Maximus UK Services Ltd case serves as a reminder of the legal and reputational risks which can result from the selective application of company policies, the mishandling of grievances and inadequate performance management. Employers must act fairly, consistently, and transparently to uphold workplace standards and avoid tribunal claims.

For further information, or to discuss the issues raised within this article, please contact us to speak to a member of our Employment Team.

Darren Smith
Partner, Employment
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Isabella Milnes James
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This reflects the law and market position at the date of publication and is written as a general guide. It does not contain definitive legal advice, which should be sought in relation to a specific matter.

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