There was another twist in Jordan Wimmer's £4 million constructive dismissal case against Nomos Capital founder Mark Lowe this week, as the defendant took the stand. Lowe admitted to sending sexually explicit emails to female employees and calling Wimmer a "dumb blonde" and "decorative"; he also said he had a "marked preference" for female sales staff, which he justified as "pure commercial sense." Wimmer also produced one email in which Lowe asked her whether an internship candidate was "cute" or "blonde."
But Lowe rejected Wimmer's claims that he'd hired escorts, who accompanied him to business meetings, and a hitman to kill her. He also denied accusations that he made sexual advances towards Wimmer, saying he always treated her "in a gentlemanly way."
Wimmer joined Nomus Capital in 2004. She says she was forced to leave the firm in February suffering from depression and is now suing Lowe for sex discrimination, unlawful deduction of wages, unfair constructive dismissal, and disability discrimination.
The case continues.
How to prove constructive dismissal
To prove constructive dismissal, you must show that your employer committed a serious breach of contract, you did not accept the breach, and you resigned because of the breach. Examples of serious breaches of contract in this context include the following:
- Unilaterally cutting your pay;
- Arbitrarily demoting you to a lesser role;
- Changing your job duties, working hours or place of work without your
agreement;
- Failing to give you reasonable support to carry out your job without
disruption, harassment or bullying from co-workers; &
- Forcing you to work in conditions where health and safety regulations are not observed.
Constructive dismissal cases are hard to win, however, so you should always seek advice before quitting your job. Factors such as your employment status, the terms of your employment contract, length of service, and reasons for leaving all require consideration.
** Additional Information & Advice **
You can obtain further information about sex discrimination, unlawful deduction of wages, unfair constructive dismissal, and disability discrimination on FindLaw.
Depending on the circumstances of your case, however, it may be better to speak with a solicitor who specialises in employment law. You can be matched with an employment law solicitor in your area for free via solicitor matching services, which can also help you to understand the best course of action for your situation and whether you are ready to hire a solicitor.
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