Boss of two married co-workers who fired the wife after split committed marital discrimination

A boss who fired a worker’s wife after they split up committed the first-known case of marital discrimination in the UK, a tribunal found. 

Managing director Graham Ellis fired Kirsty Bacon in 2017 for an alleged IT breach which was never proved.  

Jonathan Bacon, who feared his wife was seeing another man, ‘pulled his strings’ and had a £31,560 dividend withheld.

Advanced Fire Solutions, Mr Ellis’s firm which has since gone into administration,  reported her to the police. 

They also asked that she return personal IT equipment, including her computers and an iPhone. 

The police said there was no further action to be taken. Mr Ellis and Mr Bacon did not inform Mrs Bacon that she was no longer being investigated for these offences, the tribunal heard in Norwich.  

The hearing was told that Mr Ellis sided with Mr Bacon and agreed to exclude and finally dismiss Mrs Bacon. 

Mr Ellis also allowed Mr Bacon to use company funds to pay for his divorce proceedings, the tribunal was told.  

The panel said: ‘It is clear that the claimant was being subjected to less favourable treatment on the grounds of her marital status and Mr Ellis simply has no other explanation for that treatment other than he was siding with Mr Bacon who he no doubt felt was where his future lied within the company rather than that with Mrs Bacon.

‘The reason for that treatment was clearly the claimant’s marital status to Mr Bacon.’ 

Regarding the reporting of Mrs Bacon for theft, it said: ‘Mr Ellis was clearly an active participant in this and the reason for that treatment was the claimant’s marriage to Mr Bacon which was now in the process of being dissolved. 

‘Clearly the claimant was being treated less favourably on the grounds of her marital status.’