Doctor Awarded Record Breaking Compensation

In a recent decision the Employment Tribunal awarded Dr Eva Michalak £4,452,206 in compensation after concluding that she had been the subject of sex and race discrimination by her employer.

Dr Eva Michalak, a Polish female consultant, became the subject of a discriminatory plan designed to get rid of her after she became pregnant.  The tribunal discovered that this plan came into action during a secret meeting on 19 March 2003 whilst Dr Michalak was on maternity leave.  Following this meeting, the Doctor became the subject of unjustified complaints and criticisms leading to her suspension and further disciplinary action against her before she was ultimately dismissed on 14 July 2008.  

This lengthy and ‘outrageous’ campaign, caused Dr Michalak to suffer from chronic post-traumatic stress disorder and an enduring personality change which impacted on her family.  Her husband, Dr Julian DeHavilland had to take time off from work to care for his wife and son after becoming concerned for their safety.

The medical evidence provided to the tribunal led them to conclude that Dr Michalak ‘is unlikely to be able to return to work in a professional capacity’.  The tribunal held that on this basis, Dr Michalak’s employer should provide compensation for loss of earnings up until her retirement and awarded £991,802 for future loss of earnings.  Dr Michalak was also compensated for; past loss of earnings, loss of pension, injury to feelings, psychiatric injury, care, future care and medical treatment.

The tribunal held the Mid Yorkshire Trust and three senior members of staff joint and severally liable for the compensation, meaning that Dr Michalak can recover the full compensation from any of the respondents.

This case highlights the fact that compensation from discrimination claims is uncapped which allows the tribunal to make high value awards. It is important that Employers recognise that they need to take all possible steps to prevent discrimination in the workplace; such as training employees and making them aware of what is unacceptable behaviour and ensuring that policies are in place.  Failure by Employers to take these steps could turn out to be very costly as they could end up being held vicariously liable for the actions of their employees.