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Employment Law

Legal guidance - compliance - software

02 NOV 2012

Hawkins v Atex Group Limited UKEAT/0302/11/LA; (2012) EMPLR 162

Discrimination - marital discrimination

18 November 2012

Employment Appeal Tribunal

Underhill J

Dismissing an employee because they are married to a senior executive, due to fears of a perception of nepotism, are not necessarily marital discrimination if the reason is the closeness of the relationship rather than the fact of marriage.

Mr H was the CEO. In breach of an instruction from the company, he employed his wife in a senior capacity. The company dismissed Mr H for breaching the instruction and Mrs H and their daughter because of their policy not to give the appearance of being a family company. Mrs H complained she had been discriminated against because she was married. The employment tribunal struck the claim out as having no reasonable prospect of success.

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