Nadine Lee v Splunk: 3PB’s Simon Tibbitts successful in high profile sex discrimination claim

12th August 2020

3PB’s employment and discrimination barrister Simon TibbittsSimon TibbittsCall: 2006 was instructed by law firm Clarks Legal LLP to represent the claimant, a hugely successful IT sales executive, before the London Central employment tribunal in a final hearing lasting over 6 days in December 2019.

The claimant, Nadine Lee, brought several claims against her ex-employer Splunk Services UK, which is part of a US multinational technology company based in San Francisco. Splunk were represented by Jane Mulcahy QC of Blackstone Chambers and their lawyers Lewis Silkin LLP.

The reserved liability judgment has just been published on the employment tribunal website (link below). The result has been widely reported online by the UK press (including the Times, Daily Telegraph, Personnel Today and Daily Mail) as well as appearing in yesterday’s printed edition of the Times.

Ms Lee never in any way courted the press. The significant media attention that this judgment has attracted provides a salient reminder to all employers that the media does closely monitor the judgments that are published on the employment tribunal website.

Ms Lee was successful in her claims of direct sex discrimination, victimisation, equal pay and unfair dismissal. Remedy is still to be determined and any further remedy hearing is likely to take place towards the end of 2020 / early 2021.

Nadine Lee’s counsel, Simon Tibbitts from 3 Paper Buildings (3PB Barristers) said: “This judgment is welcome, not only for vindicating Ms Lee’s claims, but for shining a light on gender discriminatory practices which sadly still appear to prevail at the senior levels within some large businesses in the UK. Proving direct discrimination is no easy feat as discrimination is rarely overt, but Ms Lee’s case demonstrates that if a claimant has genuinely been discriminated against and that claimant has the resolve to see such claims to their conclusion, then a just result is achievable”.

Link to Judgment:

https://assets.publishing.service.gov.uk/media/5f2bfa05d3bf7f1b147267ab/Ms_N_Lee__vs_Splunk_Services_UK_Ltd_-_Judgment.pdf

Link to online media reports:

‘Old boys’ network’: Sales exec wins sexism case against tech firm Splunk

https://www.dailymail.co.uk/news/article-8611203/Sales-executive-earning-750k-year-wins-sex-discrimination-claim-against-old-boys-network.html

https://www.telegraph.co.uk/news/2020/08/10/high-flying-female-sales-exec-sues-sex-discrimination-prestigious/

https://www.telegraph.co.uk/women/work/old-boys-club-designed-humiliate-successful-women-not-even/

https://www.thetimes.co.uk/article/old-boy-network-humiliated-me-says-750-000-executive-mk3n8xtjl