The Employment Tribunal is to review its ruling in the £19m pound sexual discrimination claim brought against F&C Asset Management by former general counsel Gillian Switalski.
In March the Tribunal upheld discrimination, harassment and victimisation claims brought by Switalski, who joined F&C in 2000 and quit in September 2007 (TheLawyer.com, 11 March).
Switalski was in line for one of the largest compensation payment ever to be made in the UK of £13.4m- money which Switalski claims she had lost in earnings since the harrassment began.
F&C immediately challenged the ruling, but the Employment Appeal Tribunal (EAT) refused to re-examine the case (TheLawyer.com, 14 August).
Determined to bring new evidence to the Tribunal, F&C sought to overturn the EAT ruling. This latest ruling will force the tribunal to re-open the claim and allow F&C to present its new evidence.
In a statement F&C said: “We are obviously pleased that the Employment Appeal Tribunal have decided that the findings made some time ago that Ms Switalski had been subject to discrimination and had also been constructively dismissed must be looked at again by a fresh Tribunal.
“F&C is a company committed to equal opportunities with a strong anti-discrimination culture.”
McDermott Will & Emery partners David Dalgarno and Alison Weatherfield instructed Monica Carss-Frisk QC of Blackstone Chambers on behalf of F&C.
Blake Lapthorn Tarlo Lyons’ employment partner Howard Hymanson instructed Suzanne McKie of Devereux Chambers to act on behalf of Switalski.
Switalski was originally represented by Withers, but switched to Blake Lapthorn in April due to escalating fees (TheLawyer.com, 17 June).