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High-flying saleswoman pushed aside by 'old boys network'

19 Aug 2020

A high-flying sales executive who secured lucrative eight-figure deals has won a sex discrimination claim after she was “pushed aside for an old boys network”.

Nadine Lee, who worked at the tech firm Splunk’s London office, performed exceptionally in her role, winning prestigious sales awards and negotiating deals with high-profile clients on a regular basis. She even earned £750,000 in commission one year, proving her capability.

But because of her considerable achievements, the then-director of sales told the tribunal he feared she would “burn out” and so advised her to take six months’ leave.

Behind Lee’s back, while she was on leave, the Tribunal heard that her top accounts were given to newly-hired salesmen. One salesman had been friends with Lee’s bosses for years and was given a higher salary than her.

Lee said:

“This appears to be an old boys network where a high-performing female from an ethnic background with an outstanding performance is being pushed aside for the furtherance of that network.”

A judge ruled that this would not have happened if she were a man and that passing on some of her key accounts was humiliating.

Employment Judge Lewis said:

“Removing and reallocating [accounts] without [Ms Lee's] consent was a detriment. The claimant was a top-performer, if not the top performer, in the Europe, Middle East and Africa (EMEA) division for many years.

“These were high-value accounts on which she had built relationships and in the case of [two accounts], had recently secured large high-profile deals. Moreover, the way it was carried out, without consultation and behind her back, was hurtful and humiliating."

The judge added that the reallocation of accounts and the way it was handled was “because of the claimant’s sex”.

Lee claimed sex discrimination after arguing that the new recruits were given “preferential treatment”, and unfair dismissal.

Under the Equality Act 2010, employees must not be discriminated against because:

  • they are (or are not) a particular sex;
  • someone thinks they are the opposite sex (this is known as discrimination by perception); and/or
  • they are connected to someone of a particular sex (this is known as discrimination by association).