A senior executive who sued his employers at the Swiss banking giant Credit Suisse after colleagues compared him to reality TV star Jessica Alves has lost a sex discrimination case.
Christopher Drake claimed he was targeted in a ‘systematic bullying campaign’ when staff likened him to the transgender TV personality, who is known for having undergone a number of plastic surgery operations, in a WhatsApp group.
Mr Drake claimed the comments made by his colleagues at the banking firm, based in the capital’s financial hub of Canary Wharf, led to him suffering debilitating bouts of depression and anxiety.
A tribunal of employment dismissed Drake’s claim for sexual discrimination, ruling that Drake filed his claim too late.
He also participated in banter on WhatsApp.
Mr Drake, who works as Vice President of Credit Suisse, told the East London that he had been the recipient of a number of ‘inappropriate comments or jokes’ made by his colleagues about his ‘perceived sexuality’ on a work WhatsApp group.
An executive claims that Credit Suisse, the Swiss bank giant, targeted him with a systemic bullying campaign. His case has been dismissed
Particularly, his complaint was about a series of messages that he received from February 2019 to January 2020. In which he felt ‘liked’ to Jessica Alves, reality TV star,
Alves, who was born in São Paulo, Brazil, but later moved to London at 18, is known for having undergone a number of plastic surgery operations to transition from male to female.
In 2018, she also appeared on Celebrity Big Brother as a housemate, but was removed after she used the N-word during a discussion about her sexual preference.
According to Mr Drake, the comments made by his coworkers were “deeply disturbing” and “offensive”. He began a period without pay in February 2020.
His GP told him about the ‘workplace bullying.’ He said he suffered from depression and that he had stopped going to the gym, and that he ‘didn’t get dressed on weekends.
The hearing was held after he was given antidepressants, but he did not complain of harassment or discrimination regarding his sexual orientation in a telephone consultation with his occupational health provider.
However, the survey did not mention Mr Drake being ‘clearly concerned’ about his job security.
The tribunal also heard that he had been bullied at work regarding his’sexuality’ and ‘gender’ during another GP appointment.
He was advised by his GP to speak with his HR department, but Mr Drake said he couldn’t handle the matter at that point.
Although Mr Drake spoke out about the “systematic bullying campaign” against him and his sexuality in a June occupational health assessment, he did not seek legal counsel until the end.
After submitting his claim to the employment tribunal, Drake claimed that Drake had asked for the perpetrators’ to cease but this only served to fuel bullying.
He said that his mental state was affected by living alone during the lockdown, and being ‘unable’ to get up most days.
Alison Russell, Employment Judge, ruled that Mr Drake had submitted his claims out of time and didn’t believe it plausible that his mental illness led to him spending most of the day in bed.
Judge Russell declared: “I accept.” [Mr Drake]The evidence shows that his mental health was not good throughout 2020. This affected the ability of him to handle work-related issues.
In a WhatsApp group, the banker said that his colleagues had compared him with Jessica Alves, a reality TV star.
Alves, who was born in São Paulo, Brazil, also appeared as a housemate on Celebrity Big Brother in 2018
“However, poor mental state does not automatically prevent the submission of a claim before the Tribunal.
I do not believe Mr Drake has any evidence to support the claim that Drake felt so sick in June 2020 that he was unable to move from his bed.
“The claim was submitted nine months late, and all allegations will have become stale at the last hearing.
“Mr Drake”‘s case shows that potential for forensic prejudice in this instance is very minimal, as chats are available and can speak for themselves regardless of delay.
Credit Suisse disagrees with the assertion that Drake actively participated in the group chats.
“It wouldn’t have been reasonable for him or the conduct in question have had the prescribed effects.
“I’m not convinced that it is equitable and just to extend the time in this matter. These reasons are sufficient to dismiss the entire claim.