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Banker wins sexism case
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18 June 2004
An employment tribunal said it had "no hesitation" in concluding that the bank's treatment of Arianna McGregor-Mezzotero was "exceedingly poor". Now she hopes to win a payout of several hundred thousand pounds.
The Italian-born banker, 37, who claimed she was treated in a "humiliating and offensive" way by BNP Paribas bosses over her pregnancy, had her bonus for 2001 slashed.
Upholding her claim in respect of bonuses for 2000, 2001 and 2002, the tribunal panel agreed: "It is apparent that the tribunal could come to a finding that there has been unlawful discrimination simply by looking at the bonuses paid to Michael Blanning, Lucas Gnehm and Gerald Ruecker, each of which were more than 10 times the bonus paid to the applicant."
The tribunal observed: "It is apparent that each of the comparators is male and received a bonus, whereas the applicant did not. "Further they, of course, had not been on maternity leave. We could therefore come to the conclusion that the applicant had been treated less favourably by reason of her sex."
Even though she received emails from her boss Paul Hearne like "you are on a roll" and "keep 'em coming regarding deals", her bonus sank while those of male colleagues rose to an average £287,000, she claimed at Woburn Place employment tribunal.
The married mother-of-two, who still works for BNP, claimed she was shifted to a different division and given poorer clients after she returned from maternity leave in May 2000. On a technicality that it was lodged too late, the tribunal rejected this part of her claim but found it was important background.
On her return from a second period of maternity leave in November 2002, Mrs McGregor-Mezzotero found her post in the northern Europe financial institutions group had been made a job-share, and claimed the bank tried to "freeze her out".
The tribunal said: "We have no doubt that on her return to work the applicant was treated differently from how she had been treated before she went on maternity leave. She was therefore treated less favourably by reason of having been on maternity leave and therefore discriminated against contrary to the 1975 Act.
"The treatment of the applicant by the respondent was exceedingly poor."
Mrs McGregor-Mezzotero, who has worked in the banking world for over 12 years, was successful in her claim for sexual discrimination, saying she was denied equal pay - charges which BNP Paribas deny.
The tribunal failed to uphold some of Mrs McGregor-Mezzotero's complaints. But her lawyer, David Whincup, said his client was delighted.
The decision, he added, should teach the City that "if you are going to make bonus decisions you have to justify them". A remedy hearing will be set for September.
A BNP Paribas spokesman said: "We are disappointed by the judgment as a whole, however, we welcome the decision by the Employment Tribunal to reject some of the claims made bythe Applicant.
"Our lawyers are currently considering whether to appeal the decision. BNP Paribas is committed to equal opportunities and treats its staff accordingly.
"We employ many women and view diversity as a strength which is reflected in our workforce. We are constantly reviewing our compensation process and looking to improve its transparency without compromising our business."
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