Stacey Macken v BNP Paribas London Branch: 2208142/2017 and 2205586/2018
| Judgment Date | 30 August 2019 |
| Subject Matter | Equal Pay Act |
| Date | 30 August 2019 |
| Citation | 2208142/2017 and 2205586/2018 |
| Published date | 10 September 2019 |
| Court | Employment Tribunal |
Case Number: 2208142/2017
& 2205586/2018
1
THE EMPLOYMENT TRIBUNALS
Claimant Stacey Macken
Respondent BNP Paribas London Branch
HELD AT: London Central
ON: 4-18, 21-29 March 2019
Chambers 28-31 May 2019, 14-16 August 2019
EMPLOYMENT JUDGE: Mr J Tayler Members: Dr V Weerasinghe
Mr M Simon
Appearances
For Claimant: Sheila Aly, Counsel
For Respondent: Daniel Stilitz, Queen’s Counsel
JUDGMENT
The unanimous Judgment of the Tribunal is that:
1. The Claimant’s contract of employment is subject to an equality clause
entitling her to equal pay with Comparator 1.
2. The Claimant was subject to direct sex discrimination and victimisation to
the extent set out in the reasons for this Judgment.
3. The claims of protected disclosure detriment and harassment fail and are
dismissed.
Case Number: 2208142/2017
& 2205586/2018
2
REASONS
Introduction
1. By Claim Forms submitted to the Employment Tribunal on 19 December
2017 and 8 August 2018 the Claimant brought claims in respect of:
1.1 equal pay,
1.2 direct sex discrimination
1.3 harassment related to sex
1.4 victimisation; and
1.5 detriments done on the ground of protected disclosures
Issues
2. The issues for determination have been clarified and narrowed, to an extent,
during case management and during the hearing. The finalised issues for
determination were as set out in the finalised list of issues provided for the
purpose of the closing submissions.
Evidence
3. The Claimant gave evidence.
4. The Claimant called:
4.1 Beverley Nasmith, a friend
5. The Claimant provided witness statements from the following witnesses who
she did not call:
5.1 Julia Kostic, Managing Director in the Prime Finance division of
Deutsche Bank
5.2 Connor Finnegan, product development associate in the Prime
Brokerage business of Deutsche Bank
5.3 Vishal Thawani, product management associate in the Prime
Brokerage business of Deutsche Bank
5.4 Eoin Hourigan, Product, Development for the Synthetic Prime
Brokerage at Deutsche Bank,
5.5 Georgina Chapman, personal assistant to Matthew Pinnock
Case Number: 2208142/2017
& 2205586/2018
3
5.6 Pierre Yves Chauveau, IT Project Manager
5.7 Anna Gallagher, member of the Prime Brokerage Technology
department
5.8 Marc Sugar, Product Manager for the Prime Finance Business
5.9 Margaret Macken, the Claimant’s mother
5.10 Jennifer Jackson, Matthew Pinnock's personal assistant
6. Of the witnesses who were not called by the Claimant the Respondent only
sought to cross examine Mr Sugar and Ms Gallagher, who were not
available. We gave little weight to their evidence as they were not prepared to
attend the tribunal. The other witnesses were not called because the
Respondent had no questions, either accepting the evidence or contending it
was not relevant to the issues.
7. The Respondents called:
7.1 Danielle Taylor, HR Business Partner
7.2 Denis Pihan, Head of International Product Development
7.3 Christine Inge, Head of Client Solutions, Prime Solutions and
Financing for APAC
7.4 Emma Turner, HR Business Partner
7.5 Samantha Skocypec, HR Business Partne
7.6 Kirsty Gurr, Head of Client Solutions EMEA
7.7 Erica Moon, Head of UK OPC, Security and Continuity
7.8 Ceri Lawrence, Senior Employee Relations Advisor
8. The Respondent also provided witness statements from:
8.1 Antoine L'Huillier, International Prime Brokerage Product
Development Manager
8.2 Sebastien Aude, Head of Multi-Asset Prime Services for EMEA
9. We gave their evidence little weight as they did not attend for cross-
examination.
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