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Posts Tagged ‘sex discrimination’

A Polish female doctor who was subjected to discrimination on grounds of her sex and race has been awarded just under £4.5 million in compensation.

The tribunal hearing the claim found that she had been subjected to a concerted plan of action designed to end her employment while she was on maternity leave. It heard evidence of unjustified complaints about her, repeated references to her Polish origin, questions about her competency because she trained in Poland, ‘a lengthy and wholly unauthorised period of suspension’, and a ‘bogus’ disciplinary procedure which resulted in her being dismissed ‘for no good or justifiable reason’. The tribunal said that it had been ‘positively outraged’ at the way in which the employer behaved.

Medical evidence showed that she had suffered ‘chronic and disabling’ post-traumatic stress disorder, depression and anxiety, which had led to an ‘enduring personality change’ The tribunal took the view that as a consequence she will never return to work as a doctor and, therefore, took the exceptional approach of awarding compensation for loss of earnings right up until retirement.

The figure awarded is thought to be the largest award in a UK discrimination case, where awards are unlimited. The Trust and three senior staff members were held jointly and severally liable to pay the compensation.

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A male employee challenged the special treatment given to a colleague during a redundancy selection and argued that his employer had acted ‘disproportionately’. He claimed that during the firm’s consultation he had been treated less fairly than his female colleague, who was given full marks on certain performance criteria despite being on maternity leave during the consultation period.

This week the Employment Appeal Tribunal agreed with his argument and you can find more case details at The Lawyer.

If employers have to reduce employee numbers and there are at least two employees in the pool, one female on maternity leave and a male colleague, then this case may suggest that employers use proportionate scoring methods rather than awarding the female employee top marks as a knee jerk reaction. More will be revealed as commentaries emerge in coming weeks.

Quite the opposite was happening in this case of redundancy selection for reasons of maternity where bosses decided a woman with young children wouldn’t be able to ‘put in the hours’ required by the job!

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An investment banker claiming £13.5 million after she was made redundant following maternity leave has won her case for sex discrimination. The tribunal found bosses made assumptions about her ability to work and travel as a young mother, claiming during redundancy consultations that she would not be able to “put in the hours”.  The tribunal concluded: “Had … a fair procedure been adopted in redundancy selection it is more than likely she would have retained her job.”  The irony of this case is that the claimant was only promoted to Vice President after she had told them she was pregnant!  Read the full story on This is London  http://www.thisislondon.co.uk/standard/article-23865944-banker-seeks-pound-135-million-after-losing-her-job-because-of-baby.do

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