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Successful race and sex discrimination claimant awarded £4.5m

In Michalak v Mid Yorkshire Hospitals NHS Trust, a tribunal found that Dr Michalak was subjected to a sustained campaign of sex and race discrimination, and awarded her £4.5m, with the Trust and three senior managers, being held jointly and severally liable for the compensation.

In 2010, a tribunal upheld Dr Michalak’s sex and race discrimination claims. The tribunal found that Dr Michalak, a Polish female doctor, was subjected to a concerted campaign designed to bring her employment with the Trust to an end, which included the adoption of a phony disciplinary procedure and an unjustified and lengthy suspension leading to her dismissal. The Trust and three senior managers were found jointly and severally liable.

A medical report concluded that Dr Michalak suffered from chronic post-traumatic stress disorder, that she had been suicidal and that her treatment by the Trust and three managers caused her condition. The medical report doubted that Dr Michalak would ever be able to return to practising medicine, as her condition was so serious that she was unable to cope with basic everyday tasks. Dr Michalak was awarded just under £4.5m. This included a grossing up of the initial award of £2,103,262 for tax purposes, the logic being that this figure is taxable, so it has to be grossed up, so that when tax is paid, Dr Michalak would be left with £2.1m net.

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