A woman who worked for a global asset management company has won claims for unfair dismissal, harassment and victimisation after her manager called her “hormonal”.
Jolanda Niccolini, who worked for Algebris Investments, was awarded £32,000 in compensation at a London employment tribunal.
She told the hearing that her manager had told her to “remain rational” after she was demoted and that she was also described as a “hormone tempest”.
The chief executive of the company, Davide Serra, had described women as “frantic and unpredictable” during their periods, the tribunal heard.
Although Niccolini and Serra had been good friends, their relationship could be “impulsive and volatile” and they were used to speaking frankly with each other.
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However, Serra had a reputation for making “wholly inappropriate comments”, according to the tribunal judgment.
At one point when the company was hosting clients at a chalet in the French ski resort Chamonix, Serra made a comment about Niccolini’s breasts, claiming that she would do anything for clients, “including prostitute herself”. He later sent her flowers to apologise.
Niccolini worked as head of business development and investor relations, and had received bonuses of more than £2.3 million over six years. But in 2019, she attended a breakfast meeting with Serra where she was told she was being demoted and received “very critical” feedback.
This was the point at which he raised his belief that women could be unpredictable during their periods, and some time later – when he asked if she would accept the new (less senior) role or leave the company – he said “she should remain rational because he had seen how she reacted when overtaken by a hormone tempest”, the tribunal heard.
The tribunal found that these and other comments “had the effect of both violating her dignity and creating a humiliating and offensive environment for her”.
After the demotion, she took sick leave from work for work-related stress and anxiety, and never returned.
Serra sent her a text message in response to a fit note, which Niccolini described as threatening.
It included the lines: “If you are the one to tell me [your decision], 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.”
Niccolini approached Acas in January 2020 and subsequently filed her first claim to the employment tribunal in May that year.
The tribunal upheld claims for unfair dismissal, harassment related to sex and victimisation, but additional claims for direct and indirect sex discrimination and discrimination arising from disability were dismissed.
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She was awarded £27,000 for injury to feelings, plus interest of £5,331,95.
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