£257k bill for 10-year sickie

Wednesday 23rd March 2011, 4:00PM GMT.

£257k bill for 10-year sickie

A former typist who was off work sick for more than 10 years is now facing a legal bill of more than £257,000 after losing claims for compensation.

Cherry Clarke, aged 50, has vowed to take her case to the European Court of Human Rights to fight what she says are “ridiculous” costs.

The unemployed mother-of-four from Great Barr originally made compensation claims at a tribunal for unfair dismissal, race and disability discrimination and breach of contract against former employers Zurich UK General Services Ltd.

She had been employed by the company in Hagley Road, Birmingham, as a typist but claimed she was unfit to work. She was off sick between 1992 and 2005 and was eventually dismissed in November 2005.

The firm successfully opposed the claims after complaining Mrs Clarke had not attended work for 10 years and was told by the tribunal it could make a claim for costs against Mrs Clarke.

Mrs Clarke, of Walsall Road, later complained she had not had a fair hearing and that a medical report about her depression and injured left wrist, which prevented her from typing, had not been considered deeply enough by the tribunal.

She lost an appeal against the tribunal decision and then took her case to the Court of Appeal. Her appeal was dismissed.

Now Mrs Clarke has received a Birmingham County Court order instructing her to pay Zurich £257,780 in costs.

She said: “I was utterly shocked to receive this order with such a large amount. I cannot pay all this money. I have four children, am unemployed and have no money.”

In a statement Zurich said: “The costs order comes at the end of a long catalogue of employee tribunal hearings and appeals at the behest of Ms Clarke, all of which have found in Zurich’s favour.”



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