In Denysenko v Credit Suisse Securities (Europe) Ltd a female investment banker has won her case for sex discrimination having been made redundant after returning from maternity leave.
Ms Oksana Denysenko, a former vice president with Credit Suisse, returned to her job following maternity leave to find the male employee, who had been covering for her, still in the job. Initially, Ms Denysenko and her replacement shared the work, but 7 months later Ms Denysenko was made redundant when her employer told her that they only required one person to deal with investments in the Ukraine.
Ms Denysenko, had complained to the employment tribunal that Credit Suisse had not allowed her to return to the same role when she went back to work in May 2007 and that her bosses had forced her to jobshare with a man she had nominated as her maternity cover.
After an eight-day hearing the ET found that Ms Denysenko was 'subject to unlawful sex discrimination and detriment' and that she was unfairly dismissed. It is alleged that during her redundancy consultancy, her bosses said she would be unable “to put in the hours.” Judge George Foxwell, sitting at the East London ET held: “The fact that the claimant had taken maternity leave and had ongoing responsibilities as a mother contributed to her selection for redundancy.”
Moreover, “(Had) a fair procedure been adopted in redundancy selection it is more than likely she would have retained her job.”
The panel is now deciding her award. Ms Denysenko is reportedly seeking circa £13.5 million in damages. A Credit Suisse spokesperson has advised: “We are disappointed by the decision. Credit Suisse is an equal opportunities employer and does not condone discrimination on any basis.”
Best Practice
Employers must ensure that redundancy criteria are fair and impartial and the scoring system is implemented consistently. A cautious and considered approach must also be taken when one of the potential candidates in a redundancy pool has returned from, or is on maternity leave, or where they have childcare commitments.
Subscribers will recall our report of the de Belin v Eversheds Legal Services Ltd [2010] decision published on 21 May 2010. This concerned an unusual case of a male employee succeeding on the grounds of sexual discrimination following his employer's decision to make him redundant. The ET in that case held that he had been treated less favourably due to an automatic score unjustifiably being awarded to a female employee who was on maternity leave. Both cases highlight the potential pitfalls for employers if matters are not handled in a fair and impartial manner.
Employers should carefully consider their redundancy process and seek legal advice to avoid unnecessary complications which may lead to costly discrimination and unfair dismissal claims.
For further information and advice concerning redundancy, maternity leave arrangements or unfair dismissal, please contact Allison Cook on 0117 314 5466.
This publication is for guidance only. Reliance should not be placed upon it and nor should action be taken, without obtaining advice in respect of the specific circumstances applicable. We will be pleased to provide such advice or assistance.
