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...
22nd November, 2018
Family Law Partner Sandy Edwards believes there is. Next week, from 26 to 30 November, Resolution, an organisation of 6,500 family lawyers and other professionals, will be promoting “Good Divorce Week” which will focus on how separating and divorcing couples can put their children’s needs first and limit the impact of conflict. The week falls during the government’s divorce... Read More »
16th November, 2018
It is reported that a quarter of all complaints dealt with by the Legal Ombudsman revolve around costs. Therefore to avoid complaints and confusion, it is important to be clear from the outset. The new Transparency Rules (which the SRA have now confirmed will come into effect on 6 December 2018) require that accurate and relevant information is... Read More »
5th November, 2018
Aaron & Partners LLP has once again seen improved rankings in The Legal 500 – a comprehensive guide... Read More »