Reasons for dismissal

Case 8: The facts

Alexandra Martin was dismissed after her sexual relationship with a senior member of staff ended in circumstances where that person believed she had betrayed their trust. A tribunal held that her dismissal was unfair, but dismissed her claim of sex discrimination.

The ruling

The EAT held that the reason for Martin’s dismissal was the breakdown of the relationship and not the fact that she was a woman. It rejected the argument that, because she would not have had a relationship with that colleague but for the fact that she was a woman, her dismissal must be on grounds of her sex; it said that the question tribunals had to ask was why the employer acted as it did.

The EAT said there was no need to consider how a hypothetical comparator would have been treated, but that, if such a comparison were required, it would be with a man who had had a relationship with the same colleague that had ended in the same way.

Martin v Lancehawk Limited t/a European Telecom Solutions EAT/0525/03