Successful defence of appeal in the Court of Appeal against HSBC

December 16, 2024

Share this article

Successful defence of appeal in the Court of Appeal against HSBC


Kilgannon and Partners are pleased to post that our client, Carmen Chevalier-Firescu, has succeeded in defending an appeal from HSBC about the strike out of her claim in the Court of Appeal. Carmen’s claim was initially struck out by the East London Employment Tribunal. One of the reasons given was that it was not just and equitable to extend time. The Employment Appeal Tribunal decided that this needed to be revisited by the Tribunal. This led to HSBC appealing to the Court of Appeal to try and reinstate the original decision.
Carmen was represented in the Court of Appeal by Oliver Segal KC and Elaine Banton, instructed by our Gerard Airey.
The Court of Appeal decided that the decision of the East London Employment Tribunal to strike out Carmen’s claims needed to be looked at again by a new Tribunal to decide if time should be extended.
The Court decided that the 16 factors that the Tribunal had in mind were either completely irrelevant to an assessment of Carmen’s case for extending time, or at best they were marginally relevant. It was accepted that it was Carmen’s case that it was only clear to her in 2020 that she might have a good claim for victimisation and discrimination against HSBC for not getting a role in mid-2018. 
The Court decided that the Tribunal didn’t make a clear sequence of findings about what Carmen knew and when; it wasn’t clear whether there was one or more than one negative reference; and the ET wasn’t clear on what was disclosed in the DSARs of 2018 and 2020 to establish the knowledge Carmen had.
The Court of Appeal’s full reasoning can be found in the Judgment below: https://caselaw.nationalarchives.gov.uk/ewca/civ/2024/1550?query=hsbc&court=ewca%2Fciv
For more publicity on the case head to: https://www.reuters.com/business/finance/hsbc-loses-appeal-over-job-seeking-bankers-discrimination-claim-2024-12-11/
and https://www.law360.com/financial-services-uk/articles/2272969/hsbc-loses-appeal-in-banker-s-sex-bias-case

Article by Gerard Airey ga@kilgannonlaw.co.uk

Our expert employment law solicitors all have many years’ experience advising individuals who are in your position. We will be able to guide you through the process and to help you secure the best possible outcome.
We offer a range of services, so please contact our friendly customer services team to discuss further via  hello@kilgannonlaw.co.uk  or  0800 915 7777 .

This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice 15.12.24

Recent Posts

Three coworkers reviewing documents at a table in a bright office
By Anthony Thompson • October 22, 2026
New fire and rehire restrictions are expected in January 2027. Discover which contractual changes are affected and how employers can prepare.
Two coworkers reviewing documents at a table with a laptop in a bright office, one pointing thoughtfully
By Nicola Cockerill • October 20, 2026
Explore key employment law changes, the areas they may affect and practical steps employers can take to prepare their business and HR policies.
Three coworkers in a meeting, discussing ideas around a laptop at a conference table.
September 25, 2026
From 1 January 2027 unfair dismissal protection moves to six months and the compensation cap is removed. See what employers should change now.
Two people talking in a modern office lounge, seated across from each other and holding papers.
September 25, 2026
From 30 October 2026, employers face liability for third-party harassment. Find out what changes and the practical steps businesses should take now.
Three coworkers in discussion at a conference table with a laptop and mugs in a modern office
September 25, 2026
From 30 October 2026 employers must take all reasonable steps to prevent sexual harassment and address third-party harassment. See what to do now.
A person in a white lab coat and pink gloves holds a small rainbow heart pin, with a stethoscope draped around their neck.
February 3, 2026
Did the use of NHS changing room by transgender woman give rise to claims for harassment and/or indirect discrimination?
A person with long dark hair, wearing a green and orange patterned top, looks toward the camera against a black background.
February 3, 2026
The appeal judgment criticised the original tribunal’s handling of both disability and justification issues. The judgment indicates that employers making dismissals based on assessment of readiness for promotion, without the employee having carried out the work for the role above, will struggle to show that decision is
A person smiling at the camera, wearing a green and orange patterned top against a dark, plain background.
January 19, 2026
Ms Sanju Pal succeeds in appeal against Accenture at the Employment Appeal Tribunal – Tribunal’s reasoning on disability discrimination due to endometriosis was “wholly inadequate” and the decision could not stand
Two hands wearing rainbow-colored bracelets come together to form a heart shape.
December 18, 2025
A tribunal ruled non-binary identity does not amount to gender reassignment. Learn the legal reasoning and workplace implications with Kilgannon Law.
The Houses of Parliament in London at dusk, with the illuminated Elizabeth Tower reflected in the River Thames.
December 11, 2025
A tribunal has held that the dismissal of a cleaner working two jobs and 17-hour days was fair. Learn why the decision was upheld, the key factors considered, and what this means for employers managing fatigue and safety risks.
Show More