19 million claim for bullying and discrimination upheld

A woman claiming 19 million from her former employer for workplace bullying has had the claim upheld by an employment tribunal after her employer, F&C Asset Management, appealed against the tribunal's original decision.

Gill Switalski told the tribunal she was forced out of her £140,000-salary job last September having allegedly been bullied and discriminated against by senior management.

Switalski sued her City firm claiming she was suffering from the symptoms of post-traumatic stress because of undermining, verbal abuse from senior colleagues. In addition, when she requested time off to care for her disabled son she was interrogated by a manager, while a request made a male employee in a similar situation was granted.
 
F&C Asset Management appealed to the tribunal, producing new evidence to suggest that, during the time she claimed to be ill, Switalski had applied for a high-powered job and performed "brilliantly" at interview - undermining her argument that she was suffering a breakdown.

However, Switalski argued that she had suffered from a disassociation disorder whereby she could distance herself from her stress, and was able to produce psychiatric evidence to support this.

Yvonne Gallagher, head of employment at business law firm LG, said: "The company genuinely feels that this is unfair and seems astounded at the claims it is facing."

Switalski's claim for £19 million is based on the fact that, while working at F&C Asset Management, she was running other businesses and they suffered because of her stress levels.

Gallagher added: "An appeal court will be extremely reluctant to interfere with the tribunal's finding of fact and so Ms Switalski does look to receive a record-breaking award of compensation - but that is still to come."

The current record payout in a sex discrimination case in the UK is thought to be £6.5 million paid by Morgan Stanley to a female bond trader in 2004.