BAE loses challenge over Tribunal payout

The Court of Appeal has ruled that a secretary deserved “every penny” of a six-figure sum, which was awarded after her manager made a sexist remark.

Marion Konczak had previously won a £360,000 payout from her old employers, BAE Systems, after taking her case to Tribunal.

At the heart of the case was an incident in which Ms Konczak had been told that women “take things more emotionally than men.”

She subsequently went on sick leave after being “bullied and harassed” by her supervisor and she was later sacked from her job, which prompted the Tribunal proceedings.

A Judge found that the claimant’s dismissal had been unfair and that she had suffered victimisation.

The compensation was agreed three years ago, but the sum was subsequently challenged by the arms manufacturer, who argued that it was “grossly excessive” and that a single remark could not be blamed for problems which followed.

However, the Court of Appeal has now ruled that Ms Konczak deserved the sum.

Lord Justice Irwin said: “The Tribunal’s finding may possibly have been generous – we are not in a position to say – but it was not perverse.

“The basic rule is that a wrongdoer must take his victim as he finds him, eggshell personality and all. That is not inherently unjust.”

For expert advice on pursuing a Tribunal claim, please contact the head of our Employment team Susan Bernstein (sbernstein@ogrstockdenton.com) or visit our website.