HSBC Bank’s Appeal Against Chevalier-Firescu’s Discrimination Claim Dismissed
The Court of Appeal has dismissed HSBC Bank’s appeal in a case involving alleged sex and race discrimination and victimisation. The court found the original tribunal’s explanation for refusing to extend time for the claims to be inadequate. The case will now return to a new tribunal.
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HSBC Bank Loses Appeal in Chevalier-Firescu Discrimination Case
The Court of Appeal has dismissed HSBC Bank plc's appeal against a previous Employment Appeal Tribunal (EAT) decision, paving the way for Carmen Chevalier-Firescu to pursue claims of sex and race discrimination and victimisation relating to a failed job application in 2018.
Background of the Case
Chevalier-Firescu, an experienced investment banker, applied for a director role at HSBC in early 2018. Despite initial enthusiasm from hiring manager Eric Dutruit, her application was ultimately unsuccessful. Chevalier-Firescu alleged that negative feedback from her former employer, Barclays Bank, influenced HSBC’s decision. She further claims this feedback was given to a senior HSBC manager, Remi Bourrette, by a friend at Barclays who was aware of her previous discrimination proceedings against Barclays. Mr Bourrette then passed on this information to the HSBC hiring managers, an action Chevalier-Firescu alleges constitutes victimisation. She also argues that some of the feedback provided reflected sexist stereotypes, contributing to a claim of sex discrimination. A separate race discrimination claim arose from a conversation in 2020 with Mr Dutruit involving remarks about Lebanese managers at HSBC.
Tribunal and Appeal Proceedings
Chevalier-Firescu’s initial claims, filed in 2020, were dismissed by the Employment Tribunal as being out of time. The EAT overturned this decision in part, finding flaws in the tribunal's reasoning for refusing to extend the time limit. HSBC then appealed to the Court of Appeal.
Court of Appeal Judgment
The Court of Appeal upheld the EAT's decision, criticising the original tribunal's inadequate explanation for its refusal to extend time. The court highlighted the tribunal’s failure to thoroughly examine Chevalier-Firescu’s argument that she only gained crucial knowledge supporting her discrimination and victimisation claims following the disclosure of further documentation by HSBC in 2020. This documentation included internal emails and notes of an HR investigation. The court also highlighted the original tribunal's inadequate examination of her race discrimination claim and her argument that personal circumstances affected her ability to bring claims within the time limit following the disclosure of further information in 2020. The case will now be reheard by a different employment tribunal.
Significance of the Ruling
This ruling underscores the importance of robust reasoning in employment tribunal decisions, especially concerning time extensions for discrimination claims. It also emphasises the significance of disclosure in such cases and highlights how new information can significantly impact a claimant's ability to pursue their claims effectively.
