Tuesday 20 September 2011

Microsoft and the ‘glass ceiling’

Questions surrounding Microsoft UK and its support of women in the workplace have been raised following a revelation that it paid one of its former senior female managers ‘more than £1million’ after she was beaten to a top position by a male colleague.

Natalie Ayres worked for Microsoft UK for 15 years before reaching the post of general manager of the Small–Medium Enterprises and Partners Group. She was widely thought to be the best candidate for the role of managing director of Microsoft UK, which would become available in the summer of 2006.

However, the position was instead filled by Gordon Frazer, the general manager at Microsoft South Africa.

It has been alleged that he was given the job before the married mother had completed the interview process.

Ayres then left the company at the end of 2006 under a compromise agreement that reportedly included a seven-figure sum.

A compromise agreement is an agreement between an employer and employee that is reached on the termination of the employee’s employment. They typically offer the employee a sum of money in return for the agreement to not pursue a potential claim against the employer. They are not only used where there is a definite claim, but can be used when the employee or employer has not behaved in exact accordance with the employment contract.

A compromise agreement also usually contains a confidentiality clause that prevents the employee from discussing their employment, their former employer, and the contents of the compromise agreement.

It must be signed by an independent employment solicitor on behalf of the employee to ensure they have received legal advice and are not signing an unfair agreement to give up their rights to a legal claim.

Ayres departure, compromise agreement in hand, caused anger amongst some of her colleagues. They felt she had been unfairly treated by Microsoft and that there was a ‘glass ceiling’ for females within the company that prevented them from rising above a certain level of management.

One source called the higher echelons of the company a “boys’ club” and said: “The only way to progress beyond a certain point is to become a male in female clothing”.

The revelations come less than a month after the details of a sexual harassment claim have been made public in a £10million High Court battle between Microsoft and an employee.

A Microsoft spokesman said: “Microsoft does not comment about individual employees, current or former. However, Microsoft places great importance on the core values of diversity and inclusiveness, which is just one of many reasons why it is consistently ranked as one of the top 50 work places in the UK.”

Job Justice works with employment solicitors throughout the UK. If you are facing a sex discrimination claim from an employee, or would like to make a claim against your employer, get in touch today. We will find the right employment solicitor for your needs.

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