“Can I claim stigma losses?”
This is a question you might ask yourself after you’ve been through the employment tribunal process.
Win or lose, when information becomes publicly available that you brought a claim against your employer, future employers might be nervous about giving you a job, particularly in certain sectors.
Also, your former employer might attempt to tarnish your professional reputation during the case. This will also go on record, and might affect your employment prospects.
Finally, they may refuse to provide you with a reference, which could make it harder for you to get work in future.
However, this shouldn’t put you off making a claim if you have a good case. A current case illustrates what you can do to mitigate the impact of any reputational damage that may arise…
Equal pay claim
Stacey Macken joined French bank BNP Paribas in 2013 on a salary of £120,000. A few months later, a male colleague joined the bank – he was paid £160,000 even though had the same job title as her.
Over the next five years, her co-worker took home about £237,000 in bonuses, which was seven times more than the combined £33,000 that Stacey was offered during the same period.
In 2014, she filed a grievance to BNP Paribas over her pay. After that, the working relationship broke down between Stacey and senior management and she was subject to hostile performance reviews. In 2017, Stacey received no bonus at all while her male colleague received £70,000.
In 2019, she made a claim to the employment tribunal for direct sex discrimination, victimisation and equal pay.
The judge upheld these complaints, and Stacey won her case. She received full back payment for fixed salary, bonuses and pension contributions.
Harassment claim
Stacey also claimed she faced harassment, because:
- After a drinking session, her male co-workers left a black witch’s hat on her desk. This upset Stacey and made her feel uncomfortable about working with those colleagues
- One of her bosses would brush off her questions by saying: “Not now, Stacey”. This happened so often that colleagues would use the phrase sarcastically
- Another boss shared crude stories, fantasies about sex workers, and answered the phone to friends using sexualised language
Stacey’s harassment claims were dismissed.
Stigma losses claim
She is now seeking £3,363,594 because of the impact the case has had, arguing that the tribunal process left her with anxiety, panic attacks and post-traumatic stress disorder, and without employment opportunities.
She has also asked the bank to instigate an equal pay audit, and to introduce equality and diversity training for managers.
What this means to you
If you sue your former employer and as a result you fail to find future work, you may be able to make a case for ‘stigma loss’, also known as ‘stigma damages’.
You may need to prove:
- Your industry sector is particularly susceptible to litigation stigma
- You have made efforts to obtain employment
- There is no other plausible reason for you being unable to get another job
If that applies to you, we can help.
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