Doctor wins £4.5m quid for discrimination

[paddyhasneeds]

http://www.bbc.co.uk/news/uk-england-leeds-1622406...

I have no problem with the notion of compensation and punitive damages being awarded if someone is hounded out of their job for no justifiable reason, but something seems a little wrong when the figure is, what, 40 years earnings?

The figure seems simply staggering.

[Leithen]

It sounds like the compensation also covers the effect on her husband's career (Dr) too.

[Jasandjules]

Leithen said:

It sounds like the compensation also covers the effect on her husband's career (Dr) too.

Still 2m quid each, and she was 50 odd? So 15 years left? Mind saying that doctors don't half make a lot of dosh these days it seems.....

[davepoth]

She was 48 when it started, so conceivably 20 years' employment ahead, I guess the same for the husband. this will have been in part punitive due to the dismissal being unfair on so many grounds, involving so many people, and the after effects. It's still a ridiculous payout, but perhaps it'll make idiots who think it's a good idea to push good employees out of a job for personal reasons think twice.

[MartyPubes]

What I've read about this case has been so light on detail it's almost impossible to work out if it's justified or not. That said, another 15 years of work could be £1.5m for her alone. Double that for her husband. I suppose a large portion of it might be punitive.

[carmonk]

""As a consequence of that dismissal the claimant has lost her role and status as a hospital consultant, as we will ultimately find, she is never going to return to work as a doctor"

fk me, I'm not surprised! Who would, given £4.5m? Most people who are bullied at work suck it up and get another job and if they're lucky, a couple of quid compo. It's either that or starve. To be honest if someone offered me £4.5m compo - money I assume comes from the public purse and could be put to far better use - I woudldn't take it. I'd take £1m and that's it. I couldn't live with myself knowing I wasn't just weak-minded but greedy with it.

[968]

carmonk said:

""As a consequence of that dismissal the claimant has lost her role and status as a hospital consultant, as we will ultimately find, she is never going to return to work as a doctor"

fk me, I'm not surprised! Who would, given £4.5? Most people who are bullied at work suck it up and get another job and if they're lucky, a couple of quid compo. It's either that or starve. To be honest if someone offered me £4.5m compo - money I assume comes from the public purse and could be put to far better use - I woudldn't take it. I'd take £1m and that's it. I couldn't live with myself knowing I wasn't just weak-minded but greey with it.

This doctor has been fighting this case for 7 years. Do you think she knew what the final compensation figure would be, given that the figure is based on the her future career earnings/pension and the amount lost until the current day? Of course not. The settlement not only includes her career earnings for the next 20+ years of work, it also includes tax, as she will have to pay tax on this amount of money. She did not know the amount that would be awarded and her life has been ruined by the action of her colleagues, who should, in my view have been put on trial also.

[Leithen]

The BBC Report said:

Medical experts had told the tribunal that Dr Michalak had suffered "chronic and disabling" post-traumatic stress disorder, depression and anxiety, which had led to an "enduring personality change".

Her husband, Dr Julian DeHavilland, told the tribunal he was constantly worried about the safety of his wife and his son and had to give up his job to care for them.

If the above is true, then the size of the compensation becomes much more understandable.

[davepoth]

http://www.hospitaldr.co.uk/features/hospital-doct...

Goodness knows if I'm reading that right but it's potentially £175k a year for a consultant, before their private work is taken into account.

[bigbubba]

Without wanting to be too provocative I don't think it was entirely neccesary for the husband to quit work AND claim.

It seems a little bit like he thought he was on to a good one, how wrong was he?.........

I wonder what would happen if it wasn't two Doctors. Let's say it was two factory workers, would the court have taken them quite so seriously?

[carmonk]

968 said:

carmonk said:

""As a consequence of that dismissal the claimant has lost her role and status as a hospital consultant, as we will ultimately find, she is never going to return to work as a doctor"

fk me, I'm not surprised! Who would, given £4.5? Most people who are bullied at work suck it up and get another job and if they're lucky, a couple of quid compo. It's either that or starve. To be honest if someone offered me £4.5m compo - money I assume comes from the public purse and could be put to far better use - I woudldn't take it. I'd take £1m and that's it. I couldn't live with myself knowing I wasn't just weak-minded but greey with it.

This doctor has been fighting this case for 7 years. Do you think she knew what the final compensation figure would be, given that the figure is based on the her future career earnings/pension and the amount lost until the current day? Of course not. The settlement not only includes her career earnings for the next 20+ years of work, it also includes tax, as she will have to pay tax on this amount of money. She did not know the amount that would be awarded and her life has been ruined by the action of her colleagues, who should, in my view have been put on trial also.

Give me a break, I could show you cases where people have been put into a vegetative state and not received that much compo. It's obscene. Anybody less privileged would not be able to mount such a case and would be expected to get on with their lives. Bullying is a terrible thing and it's widespread but you don't get shopworkers and bus drivers and teachers retiring to live a life of luxury when it happens to them, they have to deal with it and get another fking job.

[bigbubba]

carmonk said:

Give me a break, I could show you cases where people have been put into a vegetative state and not received that much compo. It's obscene. Anybody less privileged would not be able to mount such a case and would be expected to get on with their lives. Bullying is a terrible thing and it's widespread but you don't get shopworkers and bus drivers and teachers retiring to live a life of luxury when it happens to them, they have to deal with it and get another fking job.

^ This

[voyds9]

In a whistle blowing area like the NHS I would be surprised if a "concerted campaign" would happen if it wasn't justified (to some extent).

I have always found the NHS to be so careful to the point of sickening with discrimination.

[Derestrictor]

No.

This story is bad for my f@cking health.

People endure immense stress and chronic hardship for f@cking years and don't get lottery wins like this.

Jesus H Christ, every f@cking tw@t in the NHS will be clocking this and working out where the f@ck they can score.

In any other walk of life the masses would have said diddums, go and get another job, somewhere else.

I tell you what, how about a nice round million for every grunt on a per missing limb basis from the theatres in Afghanistan or Iraq?

No?

Why?

Because of course, it's linked to earnings.

[Deva Link]

voyds9 said:

I have always found the NHS to be so careful to the point of sickening with discrimination.

Which makes the way the process against this woman was handled all the more puzzling.

[Ozzie Osmond]

Utterly sickening drain on the taxpayer yet again.

[DSM2]

Absolutely fking disgraceful. Whoever made this judgement has been taken for a mug and demonstrated just why UK employment and, so called, discrimination law needs to be taken apart. Now.

Doctors screw up and leave kids totally disabled for life and get lower awards than this.

Nothing but parasites in my opinion.

[Pesty]

So why have they not named the three senior people who where doing it?

[968]

carmonk said:

Give me a break, I could show you cases where people have been put into a vegetative state and not received that much compo. It's obscene. Anybody less privileged would not be able to mount such a case and would be expected to get on with their lives. Bullying is a terrible thing and it's widespread but you don't get shopworkers and bus drivers and teachers retiring to live a life of luxury when it happens to them, they have to deal with it and get another fking job.

Good to see so much informed comment, as usual on PH. Here is the actual judgement, which sets out precisely how much is awarded and the reasoning for the costing. If it were another profession, the same costings would apply, though obviously her salary is much higher than shopworkers/bus drivers, so the amount is higher.

Anyhow, here is the actual document, for interest.

http://www.judiciary.gov.uk/Resources/JCO/Document...

[carmonk]

968 said:

carmonk said:

Give me a break, I could show you cases where people have been put into a vegetative state and not received that much compo. It's obscene. Anybody less privileged would not be able to mount such a case and would be expected to get on with their lives. Bullying is a terrible thing and it's widespread but you don't get shopworkers and bus drivers and teachers retiring to live a life of luxury when it happens to them, they have to deal with it and get another fking job.

Good to see so much informed comment, as usual on PH. Here is the actual judgement, which sets out precisely how much is awarded and the reasoning for the costing. If it were another profession, the same costings would apply, though obviously her salary is much higher than shopworkers/bus drivers, so the amount is higher.

Anyhow, here is the actual document, for interest.

http://www.judiciary.gov.uk/Resources/JCO/Document...

An absurdity doesn't suddenly become acceptable because it has numbered paragraphs. I don't doubt that the payment was justified on paper but basic common sense dictates that £4.5m is an outrageous award for a woman who's been bullied in her job, especially when you compare it to virtually any other award you care to mention. Who gives a monkey's if the same criteria would be applied to any other profession? For one, most other workers would not be in a position to pursue damages in the first place. Secondly, you're having a laugh if you think a shopworker or a construction worker would get away with saying the bullying they experienced has rendered them and their partner unable to ever work again. What a crock of ste. Thirdly, it's the money that matters not the procedure. This woman doesn't need £4.5m even accepting she's experience some sort of psychiatric damage. She doesn't need any more money to have an acceptable standard of life than anybody else. Truth is, if the shopworker's lucky they'll get £10K which they'll already have spent by the time it's awarded and they'll have to be out there looking for another job else they'll be starving on the streets. Great to have a choice, and great to be able to retire in absolute luxury on my fking money.