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| Commerzbank 'victimised' employee over discrimination case, tribunal rules | Commerzbank 'victimised' employee over discrimination case, tribunal rules |
| (4 months later) | |
| A City banker was "victimised" by her bank after it discovered she was suing her former employer for sexual discrimination, a tribunal has ruled. Latifa Bouabdillah was sacked by Commerzbank after less than a month when her boss heard she was suing her former employer, Deutsche Bank, for more than £1m in damages for sexual discrimination. | A City banker was "victimised" by her bank after it discovered she was suing her former employer for sexual discrimination, a tribunal has ruled. Latifa Bouabdillah was sacked by Commerzbank after less than a month when her boss heard she was suing her former employer, Deutsche Bank, for more than £1m in damages for sexual discrimination. |
| An employment tribunal ruled on Monday that Commerzbank had "victimised [Bouabdillah] for having brought sex discrimination proceedings against her former employer and subjected her to the detrimental dismissal". | An employment tribunal ruled on Monday that Commerzbank had "victimised [Bouabdillah] for having brought sex discrimination proceedings against her former employer and subjected her to the detrimental dismissal". |
| But it rejected the sexual discrimination charge and the bank said it was "considering its legal options with regards to the other part of the claim". | But it rejected the sexual discrimination charge and the bank said it was "considering its legal options with regards to the other part of the claim". |
| A "remedy hearing" is scheduled for September, at which Bouabdillah will claim for £13m in damages. | A "remedy hearing" is scheduled for September, at which Bouabdillah will claim for £13m in damages. |
| The tribunal said Commerzbank had an "immediate and emotional response" to discovering that Bouabdillah was suing her former employer for sex discrimination. "We find they were uncomfortable with this and decided not to continue with the relationship because this was not the sort of person they wanted to employ," the tribunal said in its judgment. | The tribunal said Commerzbank had an "immediate and emotional response" to discovering that Bouabdillah was suing her former employer for sex discrimination. "We find they were uncomfortable with this and decided not to continue with the relationship because this was not the sort of person they wanted to employ," the tribunal said in its judgment. |
| She resigned as a vice-president at Deutsche Bank in 2011 and launched a lawsuit claiming her male colleagues were promoted ahead of her and received three times the bonuses that she did. | She resigned as a vice-president at Deutsche Bank in 2011 and launched a lawsuit claiming her male colleagues were promoted ahead of her and received three times the bonuses that she did. |
| Bouabdillah was sacked by Commerzbank on 11 June 2012 – six days after her case against Deutsche Bank became public, following press coverage. It was less than a month after she had started work at Commerzbank. | Bouabdillah was sacked by Commerzbank on 11 June 2012 – six days after her case against Deutsche Bank became public, following press coverage. It was less than a month after she had started work at Commerzbank. |
| Commerzbank had claimed that her case against Deutsche Bank had put the reputation of her new employer "at risk" and had broken the bank's trust. | Commerzbank had claimed that her case against Deutsche Bank had put the reputation of her new employer "at risk" and had broken the bank's trust. |
| Her boss, Guy Middleton, had told the tribunalthat he was suspicious about why she had left Deutsche Bank and repeatedly asked her recruitment consultant, but was assured it was because she wanted to move to a smaller team. | Her boss, Guy Middleton, had told the tribunalthat he was suspicious about why she had left Deutsche Bank and repeatedly asked her recruitment consultant, but was assured it was because she wanted to move to a smaller team. |
| "I was initially unsure whether Latifa should remain in the team as I initially thought that the trust between her and the team might be recoverable," Middleton, head of Commerzbank's sales and trading at its exotic vanilla funds team, told the tribunal. "But as time went on I felt that she had made a conscious and considered decision to withhold information, which made me feel that she could no longer be trusted." | "I was initially unsure whether Latifa should remain in the team as I initially thought that the trust between her and the team might be recoverable," Middleton, head of Commerzbank's sales and trading at its exotic vanilla funds team, told the tribunal. "But as time went on I felt that she had made a conscious and considered decision to withhold information, which made me feel that she could no longer be trusted." |
| The tribunal ruled that Commerzbank had been "both offensive and unfair" in claiming that Bouabdillah should have informed them of her sexual discrimination case against Deutsche Bank in the same way that bankers are required to disclose legal action against themselves. | The tribunal ruled that Commerzbank had been "both offensive and unfair" in claiming that Bouabdillah should have informed them of her sexual discrimination case against Deutsche Bank in the same way that bankers are required to disclose legal action against themselves. |
| The judgement ruled that Bouabdillah had not misled Commerzbank. "When asked direct questions she gave direct answers," it said. "They may not have been entirely full answers but that is not a matter of misleading or being dishonest … The failure to answer questions that were not asked does not in our view amount to a lack of honesty or trust." | The judgement ruled that Bouabdillah had not misled Commerzbank. "When asked direct questions she gave direct answers," it said. "They may not have been entirely full answers but that is not a matter of misleading or being dishonest … The failure to answer questions that were not asked does not in our view amount to a lack of honesty or trust." |
| It added: "There is no evidence that the claimant [Bouabdillah] at any stage neglected her duties to the bank and there is no suggestion that she acted unprofessionally in any of her dealings albeit she had not been at the bank very long." | It added: "There is no evidence that the claimant [Bouabdillah] at any stage neglected her duties to the bank and there is no suggestion that she acted unprofessionally in any of her dealings albeit she had not been at the bank very long." |
| A Commerzbank spokesman said: " [She] was dismissed for a breach of trust and confidence after having failed adequately to disclose the true reasons for leaving her former employer. She, like many employees of Commerzbank, was in a role of significant trust and responsibility. Honesty and trustworthiness are paramount to the bank and its customers. | A Commerzbank spokesman said: " [She] was dismissed for a breach of trust and confidence after having failed adequately to disclose the true reasons for leaving her former employer. She, like many employees of Commerzbank, was in a role of significant trust and responsibility. Honesty and trustworthiness are paramount to the bank and its customers. |
| "We are committed to ensuring a positive, motivating and rewarding working environment that enables staff to reach their full potential with systems of training and support and, unusually for businesses of its kind, a policy of balancing individual needs with those of the bank." | "We are committed to ensuring a positive, motivating and rewarding working environment that enables staff to reach their full potential with systems of training and support and, unusually for businesses of its kind, a policy of balancing individual needs with those of the bank." |
| The sexual discrimination case against Deutsche Bank was settled out of court and the terms have not been disclosed. | The sexual discrimination case against Deutsche Bank was settled out of court and the terms have not been disclosed. |