Woman
wins Sex Discrimination Tribunal: A Cautionary Tale
I read about Lucy Pagliarone this
morning, a woman who worked for a pharmaceutical company for 6 months before
leaving and claiming sex discrimination. She won at Tribunal, in that the Judge
found in her favour and awarded her £10,500.
£10,500 she may never receive due to the
financial status of the company and even if she does get the money, she has
admitted all of it will be going to pay her legal fees. Living on Guernsey she
states solicitors cost £800 an hour.
She says she doesn’t care about the
money, stating ‘she had to take a stand’. She insists even without her pay out
she has no regrets, ‘harbouring feelings of bitterness and anger wasn’t going
to get me anywhere’. Suing a company with frozen assets however was never going
to get her much further than a hollow victory.
To some degree I see her point, she has been treated
dreadfully, however to take her claim all the way to a final hearing and come
away with a judgement against a company with frozen assets and a large legal
bill to boot, suggests either unmanaged expectations or naivety.
Look at it this way, Eva Carnerio has
agreed to be effectively gagged for a rumoured £2-4million. That settlement is
definitely as good as the gold plated paper it is written on, coming from a
solvent and high value company. Her legal fees no doubt will be enormous but
the settlement will be more than commercial enough for her not to have to think
about working again for a considerable time.
Pagliarone did not want to be gagged,
she wanted to tell the world how dreadfully she has been treated, her Daily
Mail story today will be tomorrow’s fish and chip wrapper and I would be
surprised if anyone remembers the name of the man involved or the company (I
read the article 10 minutes ago and can’t recall it!).
Whilst Carnerio’s rumoured settlement
amount is astounding, the principles around resolving matters before a final
hearing and before fees mount remains consistent. The true value of getting
your judgement and potentially your face in the paper is a poor return. Pagliarone
has labelled herself as, now publically, ‘litigious’, something which scares
employers to death. She has now retrained as a holistic therapist after being
out of work for months.
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