HSBC has lost its appeal to overturn a London court decision allowing a senior banker’s discrimination lawsuit to proceed. The case involves allegations that the bank victimized and
discriminated against the claimant by failing to hire her for a senior sales position in 2018.
The Court of Appeal ruled that the claim, previously dismissed by a lower court as being filed too late, should be reconsidered by an employment tribunal. The appellate court highlighted that the tribunal had not fully assessed what the claimant knew—and when—before concluding that the case was out of time.
Carmen Chevalier-Firescu, a former Barclays banker who was made redundant during her maternity leave, applied for a senior role at HSBC in May 2018. She asserts that she was the most qualified candidate for the position, but claims HSBC's initial enthusiasm for her application waned abruptly.
Chevalier-Firescu alleges her rejection for the role amounted to sex discrimination and victimization. She attributes this to false rumors allegedly spread by a senior Barclays manager, following her previous sex discrimination lawsuit against Barclays, which resulted in a seven-figure settlement. She further claims that an HSBC manager perpetuated adverse gender stereotypes by describing her as a successful but overly assertive woman.
The case is unusual in that most employment lawsuits are directed at current employers, not prospective ones. It also hinges on allegations that Chevalier-Firescu was effectively blacklisted by her former employer, Barclays.
Both HSBC and Barclays declined to comment on the ongoing legal proceedings.
The appeal focused on whether the tribunal had adequately explained its decision to refuse an extension of the filing deadline for the case, which was initiated in 2020. The tribunal had also dismissed additional claims of race discrimination.
Chevalier-Firescu argues that she only became aware of the alleged discrimination due to HSBC’s purported “concealment tactics” and filed her claim promptly after uncovering the relevant details.
The ruling means the employment tribunal will now revisit her claims, which could have significant implications for similar cases involving prospective employers and blacklisting allegations. Photo by Tintazul, Wikimedia commons.