A case involving constructive dismissal has been receiving attention, involving Ms Juliette Giscombe, who is from Streatham in south London and is the mother of comedian Richard Blackwood.
She issued the case against Hilton Park Lane hotel.
One of the problems of this case is that both parties are now engaged in mutual destruction as the case goes to Tribunal.
The Claimant(employee) has played the race card and claimed the hotel did not recruit black staff to work in front-of-house positions where they would be "visible to the public".
The Respondent(hotel)) has got switchboard manager Rebecca Still to rebut claims of racial discrimination at the Hilton Park Lane by ex-telephonist Ms. Giscombe.
It has attacked the intergrity of the Claimant
Ms Still said Ms Giscombe could be "quite volatile" and "frightening".
"At times she could be extremely good at her job," Ms Still said.
"However, at other times, if Juliette was not happy she could be difficult to manage."
She could become "quite volatile and even frightening for other members of the team if she felt frustrated", Ms Still added, and a "bad day" would sometimes lead to "outbursts".
Obviously I do not know if the allegations are true or not; What I do know is that the employee is in for hard ride and is now having her character on the line.
The Respondent is running risks as well.
How could this case have been avoided?
1 The Employer has effective recruitment policies in place.
2 It has an organisational culture which focuses on diversity and ethical conduct.
3 It does a conflict audit to identify possible sources of conflict.
4 Managers have an open door policy combined with effective performance management systems in place.
5. Mediation clauses should be part of the employment disciplinary procedure to enable settlement of cases.
6 The parties need to be realistic in their assessment of cases. Sometimes employees are totally unreaslistic in what they can get at Tribunal. Likewise, employers can have their head in the sand as well.
7. Both parties will be damaged by the Tribunal. Most successful Claimants are scarred mentally by the process of going to Tribunal.
Justin Patten
Solicitor