Switalski's F&C claim upheld by appeals body
F&C Asset Management has failed in its bid to have a multimillion-pound sex discrimination claim by former legal head Gillian Switalski overturned. Switalski took the company to the Central London Employment Tribunal earlier this year, where her claims of sexual discrimination, harassment and victimisation were upheld.
May 23, 2008 at 11:56 AM
2 minute read
F&C Asset Management has failed in its bid to have a multimillion-pound sex discrimination claim by former legal head Gillian Switalski overturned.
Switalski took the company to the Central London Employment Tribunal earlier this year, where her claims of sexual discrimination, harassment and victimisation were upheld.
F&C attempted to overturn the decision before the Employment Appeal Tribunal, arguing that the tribunal misapplied the law in its original ruling. The company's former legal head will now have a remedy hearing on 16 June, where the amount of compensation to be paid by F&C will be determined.
It has been reported that the final sum could approach £19m for psychological damage, loss of earnings, pension rights and career prospects.
McDermott Will & Emery advised F&C, with former City chief David Dalgarno leading the team and Blackstone Chambers' Monica Carss-Frisk instructed as counsel. Switalski was represented by Withers employment partner Elaine Aarons and Devereux Chambers' Suzanne McKie.
F&C said in a statement: "We are disappointed that the Employment Appeal Tribunal has declined to intervene. We continue to believe that the employment tribunal [has] misapplied the relevant legal principles and specifically that the findings that the claimant was treated less favourably based on her sex are incorrect."
The company said it may appeal against the decision, adding: "F&C is a company that is committed to equal opportunities with a strong anti-discrimination culture. Therefore as a matter of principle as well as legal process we will now consider seeking to have the case heard by the Court of Appeal."
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