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06 January 2011 / Michael Salter , Chris Bryden
Issue: 7447 / Categories: Features , Employment
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A fine balance

Chris Bryden & Michael Salter warn against the dangers of office gossip

In Nixon v Ross Coates Solicitors [2010] UKEAT/0108/10/ZT HHJ McMullen with typical robustness noted the “injudicious behaviour by young professionals at the Christmas party of a solicitor’s firm and its consequences for employment relations”.

The Employment Appeal Tribunal (EAT) was considering an appeal by the claimant, Miss Nixon, and a cross-appeal by the respondent, arising out of Miss Nixon’s claim for unfair dismissal, sex discrimination, and discrimination on the grounds of pregnancy and harassment.

The claim arose out of the pregnancy of Miss Nixon by a colleague in the firm, Mr Perrin, with whom she was in a relationship. At a staff Christmas party held on 22 December 2007, however, Miss Nixon was, in the words of HHJ McMullen, “involved flirtatiously [in] kissing the IT manager”; the pair later obtained a room and had intercourse. In the New Year, Miss Nixon informed the principal of the firm, Mr Coates, of the fact of her pregnancy. However, within an hour the HR manager, Ms Debbie O’Hara, had become aware and had,

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Gateley Legal—Jack Kelly

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NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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