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We all agree harrasment because of diversity is odious - but are the systems in place fair?

Helen Giles, 22 Feb 2012

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A former senior NHS worker has been awarded almost £1 million in compensation after an employment tribunal found that he had been subject to racial discrimination and unfair dismissal (Browne v Central Manchester University NHS Foundation Trust).

The tribunal found the claimant had been subjected to an intimidating environment and treatment which left him close to a mental breakdown. Amongst other things, after he had raised a grievance the employer failed to take it seriously or investigate it sufficiently.

A friend of mine was recently unfairly dismissed from a senior position after months of bullying to drive him out because his face no longer fitted with certain people. The kind of treatment meted out, for example having his rights and dignity repeatedly and systematically trampled on, failure to investigate his grievance, and the impact on his psyche are all remarkably similar to that reported in the case referred to above.

Despite being advised that he would improve his financial prospects in ET greatly if he could find a way of adding either whistleblowing or age discrimination to the claim, he has opted to be honest and claim solely for unfair dismissal. The very most that he can hope to be compensated is the capped amount for unfair dismissal, £68,400. I feel exceptionally confident he will succeed

Few people would disagree that any harassment related to protected characteristics such as race, gender, disability is particularly odious and hurtful. But am I alone in thinking that there is something inherently unjust about a system whereby two people can suffer a similar degree of mental distress as a result of relentlessly intimidating treatment over a similarly extended period but one can be paid fourteen times more compensation?

 

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