Firm appeals against City lawyer bullying finding

Discrimination claim rises to £19 million as asset management company appeal tribunal ruling

News, 18 April 2008

A financial services company has appealed against a discrimination finding in favour of its former City legal head, in a claim that could be worth up to £19 million.

F & C Asset Management is challenging a ruling by the Central London employment tribunal that Gill Switalski, its former head of legal, was the victim of sex discrimination after being bullied and harassed by her line manager Marrack Tonkin, the head of the company's Edinburgh office, and Peter Cole, its head of human resources.

Ms Switalski claims she was forced to leave her £140,000 a year job and had been left a mental and physical wreck by the intimidating, hostile and humiliating workplace environment created by her managers. Her lawyers originally estimated the costs of psychiatric damage, loss of earnings and career prospects as £13.4 million, but as yesterday's appeal was launched, they said the total value of the claim could be closer to £19 million.

Such a figure would represent Britain's highest award for discrimination.

In their appeal the company argued that the tribunal had failed to address the key issue of whether Ms Switalski had been treated differently from the way a man would have been treated, on account of her gender. They have asked for a re-hearing because they believe the tribunal did not consider Mr Tonkin and Mr Cole's side of the story.

Mrs Switalski sold her £3.4 million Surrey home to pay for her legal costs. She has two disabled children and had requested more flexible working hours to look after them.

The hearing continues.