Sex Discrimination ' Dismissals To Improve Gender Pay Gap

• Published date: 26 August 2021
• Subject Matter: Employment and HR, Discrimination, Disability & Sexual Harassment, Redundancy/Layoff
• Law Firm: L&E Global
• Author: L&E Global

Mr Bayfield and Mr Jenner were creative directors at Wunderman Thompson (UK) Ltd. After its gender pay gap report for 2017 was published, showing gender pay gap figures that indicated "an acute problem of female representation" with most senior creative jobs held by men, the agency held a conference to address the lack of diversity and to present a positive vision for the future. During the presentation, it was said that the agency wanted to "obliterate" its reputation that it was full of "white, British, privileged, straight, men". The creative department staff were very worried about this comment and Mr Bayfield and Mr Jenner raised their concerns with management. Although the agency told them there had been a misunderstanding, they were not reassured and they had some difficult discussions with the agency about their concerns. During this period, the agency was conducting a redundancy exercise and Mr Bayfield and Mr Jenner were subsequently dismissed on the grounds of redundancy.

Although the tribunal noted that falling revenue was a significant issue that potentially affected all of the creative team, and acknowledged that wanting to improve diversity within the agency was a legitimate response to the poor gender pay gap report, it found that the scoring of the two creative directors in the redundancy selection process was "a sham designed to ensure the predetermined decision to dismiss" them. The tribunal concluded that Mr Bayfield and Mr Jenner had been dismissed because of their sex. It found that a significant factor in the agency's mind was the gender pay...