In Niccolini v Algebris Investments a high-flying business development director has been awarded £32,000 after the CEO of the company told her to “remain rational” after she was demoted and also described her as a “hormone tempest”.
In this article, Chris Dobbs takes a look at this case and outlines some key takeaways for employers.
What was the case about?
Jolanda Niccolini claimed unfair dismissal, harassment related to sex and victimisation, amongst other claims, after she went off work with stress and anxiety and never returned.
She said the comments had violated her dignity and created a humiliating and offensive environment for her.
So, what happened?
Ms Niccolini had joined the company in 2013 and had, for the most part, been on very good terms with the CEO, Mr Davide Serra.
However, their relationship was volatile at times and they were often heard to be talking frankly with each other.
Mr Serra had previously, before the hormonal incident, had to apologise to Ms Niccolini after he had told clients she would do anything for them “including prostituting herself”. She was understandably upset by this and Mr Serra sent her flowers as an apology.
What led to the claims?
Ms Niccolini had been successful in her role, earning bonuses of more than £2.3 million between 2013 and 2019.
However, her working relationship with Mr Serra deteriorated and, at a breakfast meeting in 2019 he gave her very critical feedback and told her she was being demoted.
It was at this point he made the derogatory comments, which the employment tribunal later found were related to her sex and were harassing in nature.
Why did the victimisation claim succeed?
When Ms Niccolini sent in a fit note for her absence due to sickness, the Tribunal found that Mr Serra sent her a text message that could be described as threatening.
The message included “If you are the one to tell me, it will be better for you first of all. If you get a lawyer to tell me, I’ll tell you now, I know myself well and you will never get attention/honesty and frankness from me again.”
What did Ms Niccolini do?
She approached ACAS for early conciliation in January 2020 and, when that did not succeed, she filed her claims in the employment tribunal in May of that year.
Why did she receive over £32,000?
While no loss of earnings was awarded, Ms Niccolini did receive £27,000 for injury to feelings, a considerable award for the discrimination she had suffered, together with interest of £5,331.95
An Employment Solicitor’s View
Chris Dobbs says: “This is certainly a case of how not to talk to a colleague. No doubt Mr Serra could point to the type of relationship he and Ms Niccolini had and would perhaps have called his comments ‘banter’.
However, it is important for employers to note that it is how comments are perceived by the receiver of them and, if they can demonstrated they find them offensive, or feel humiliated, for example, then they may be able to win a claim for constructive unfair dismissal.
Furthermore, if the comments can be linked to one of the protected characteristics, in this case sex, then a successful discrimination claim may ensue.”
How can employers protect themselves from claims?
Chris continues: “Employers can best protect themselves from successful claims by having equal opportunities policies and making sure their staff receive regular training on what they should and should not say.
At Frettens we offer specialist training for employers and are able to review and draft policies. You can get in touch using the information below.”
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