Former F&C Asset Management legal head Gill Switalski (pictured) has had her workplace bullying claim against her former employers upheld after the Employment Tribunal rejected an application to review its original decision.

The ruling follows June's remedy hearing in which F&C asked for the case to be reheard, claiming that the lawyer faked her illness to win a £19m payout.

Earlier this year, the Tribunal ruled that sexual discrimination, harassment and victimisation at work had left Switalski unfit to fulfil her role at F&C. In May, the company failed in a bid to have the ruling overturned.

Commenting on the decision, Blake Lapthorn Tarlo Lyons partner Howard Hymanson – who led Switalski's team – said: "My client has been subjected to a hostile publicity campaign during these protracted proceedings, as well as being subjected to surveillance and unnecessary scrutiny by private investigators. This treatment has only added to her ill health, as well as making the process of pursuing her litigation even more torturous.

He added: "Our client has, throughout this process, refused to provide any public comment and instead has put her faith in the Employment Tribunal system. Hopefully a favourable resolution is now in sight and she intends to make no further comment until the conclusion of the case."

The second remedy hearing will commence in February 2009, when Tribunal will decide on the amount of compensation to award to Switalski.

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