Nixon v Ross Coates, solicitors and Mr R. Coates MBE - Post-dismissal conduct is not relevant in considering unfair dismissal compensation  EAT
Post-dismissal conduct by a complainant to the Employment Tribunal is not relevant when considering any reduction in compensation awarded.
Where an organisation fails to control the spread of gossip about the pregnancy of a female employee amongst her colleagues, then fails to deal with her grievance in relation to such and ignores her concerns about returning to the same office, discrimination on the grounds of sex and pregnancy will be established.A respondent employer should not show an offer of potential settlement of an Employment Tribunal claim to the Employment Judge with conduct of the case before he/she has given judgment - even if the judge earlier suggested to the parties that they should settle the matter - but doing so will not automatically insinuate bias on the part of the Employment Judge.
Ms Nixon worked at a firm of solicitors, Ross Coates run by Mr Coates. Both Ms Nixon and Mr Coates were described as gregarious figures by the EAT. Mr Coates was in a long-term relationship with the firm's office manager. Ms Nixon was known to be in a relationship with a solicitor at the firm and in early December 2007 became pregnant by him. Later that month Ross Coates held a Christmas party for staff and partners. At that time Ms Nixon did not know she was pregnant. An element of the Christmas party was raucous and during an after-party gathering of a number of people in a room that had originally been booked for Mr Coates, Ms Nixon became intimate with the firm's IT manager. The two were seen to leave together to go to another room and it was clear they had sexual intercourse.