Record Compensation for Discrimination
29th February, 2012
A hospital consultant has been awarded £4.5m in compensation for the mental trauma she suffered after colleagues campaigned to get rid of her following maternity leave.
Dr Eva Michalak was successful in her claims for sex and race discrimination and unfair dismissal against her employer, Mid Yorkshire Hospitals NHS Trust, and three senior employees of the Trust.
It was claimed that senior employees plotted to terminate Dr Michalak’s employment through secret meetings before and during her maternity leave and that she was subjected to harassment, criticism and false allegations on her return to work from maternity leave. She was suspended from work as a result of theses false allegations and subsequently dismissed.
A medical expert told the tribunal that Dr Michalak suffered from post-traumatic stress disorder and endured insomnia, nightmares reliving events with the trust, repeated intrusive thoughts, persistent anxiety and psychosomatic symptoms and episodes of tightness and chest pain which have caused her to go to hospital on three occasions
This award is estimated to be the record amount of compensation awarded in a discrimination claim in the UK.
The case highlights the dangers for employers of discrimination claims as such claims have no compensation limit, unlike unfair dismissal claims which currently have a limit of £72,300 for the compensatory award.
Employers should ensure that they have in place sufficient policies to deal with equal opportunities, anti-harassment and bullying and dignity at work.
You might also be interested in...
3rd July, 2020
Brief Background Mr & Mrs Villier married in 1995, and lived in Scotland together until separation in 2012. Once separated, the wife moved to England, but the husband remained living in Scotland. In July 2013 the wife issued a divorce petition in England, but in October 2014 the husband lodged a writ for divorce in Scotland. As the... Read More »
1st July, 2020
Agricultural property relief from Inheritance Tax has long been a valuable relief for estates, which when available can... Read More »
29th June, 2020
In May 2020 the UK Government released additional guidance in connection with the Covid-19 pandemic, this time in... Read More »