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,