Former banker makes disability discrimination claim against Credit Suisse

Employment Law Advice Solicitors
January 11, 2013

A recent Bloomberg news article reported that a former trader at Credit Suisse was pursuing claims for personal injury and a claim for unfair dismissal and disability discrimination after he was sacked in 2009.

Mr Asid Mohamedali, who apparently earned approximately £2.5 million a year, worked for Credit Suisse in their European credit tracing team until problems surfaced in 2009. Mr Mohamedali claimed that he was subjected to bullying and harassment by his manager, which led to him being hospitalized with severe depression. His performance at work suffered and he was dismissed from his employment in 2009. He subsequently took employment law advice and submitted an Employment Tribunal claim for unfair dismissal and disability discrimination.

Mr Mohamedali, 36, claimed that when he revealed his severe depression to his manager, Mr Eraj Shirvani, he was told “pull yourself together” and sworn at. Mr Mohamedali also alleged that he was treated differently by employees of Credit Suisse because of his severe depression. He was fired later in 2009 after it emerged that he had carried out undisclosed personal trades which breached the bank’s code of conduct and submitted his unfair dismissal claim. Credit Suisse apparently lost $25 million in one day’s trading of his unit. However, in May 2012 his Employment Tribunal claim was dismissed. The Employment Judge found that Credit Suisse was not liable for discrimination under the Equality Act 2010 and that Mr Mohamedali’s conduct constituted gross misconduct which entitled the bank to summarily dismiss him. Further, the Employment Judge found that Mr Mohamedali’s evidence was “unconvincing”. Mr Mohamedali’s employment law solicitor has intimated that the decision of the Employment Tribunal may be appealed to the Employment Appeal Tribunal and the decision of such an appeal is awaited.

Further to his Employment Tribunal claim, Mr Mohamedali has also issued a claim for personal injury in the High Court, alleging that Credit Suisse acted negligently and that it breached its duty of care towards him. He said that his work suffered because he was doing the job of several people, that he had begun to suffer heart palpitations, nightmares and extreme sweating, and that he had told his wife in 2009 that he wanted to commit suicide. He is arguing that the bank failed to provide an adequate system for managing his stress. This case is currently continuing through the civil courts.

Credit Suisse commented that they would “vigorously defend” the allegations, particularly in light of the decision made in Mr Mohamedali’s Employment Tribunal claim.

Employment Law Advice Solicitors are employment law solicitors situated in the City of London.