HSBC Bank PLC

Judgment approved by the court for a hand down Chevalier-Firescu v HSBC BANK PLC © EAT 2024 Page 1 [2024] EAT 6 Neutral Citation Number: [2024] EAT 6 Case No: EA-2021-001181-NLD EMPLOYMENT APPEAL TRIBUNAL Rolls Building Fetter Lane, London, EC4A 1NL Date: 9 February 2024 Before : HER HONOUR JUDGE KATHERINE TUCKER - - - - - - - - - - - - - - - - - - - - - Between : MRS CARMEN CHEVALIER-FIRESCU Appellant - and - HSBC BANK PLC Respondent - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ELAINE BANTON (instructed by Kilgannon Partners LLP) for the Appellant MS DIYA SEN GUPTA KC (instructed by Allen & Overy LLP) for the Respondent Hearing date: 27 June 2023 - - - - - - - - - - - - - - - - - - - - - JUDGMENT Judgment approved by the court for a hand down Chevalier-Firescu v HSBC BANK PLC © EAT 2024 Page 2 [2024] EAT 6 SUMMARY PRACTICE AND PROCEDURE An Employment Judge struck out two claims at an Open Preliminary Hearing (OPH). The claims were ones of discrimination and victimisation. The Judge determined that, for part of the time covered by the Claimant’s claims, she had not been an applicant for employment within the meaning of s.39 of the Equality Act 2010. There was no outstanding appeal in respect of that determination. Further, he considered that the Claimant’s claims in respect of the period of time when she had been within the scope of s. 39 of the EqA 2010, were out of time and that it was not just and equitable to extend time. He heard evidence from the Claimant, from a witness with experience of recruitment within the relevant sector (banking) and an HR Manager. He did not hear any evidence from any of the individuals within the Respondent the Claimant alleged had been guilty of discriminatory or victimising actions against her. There were two claims before the Tribunal. The OPH had been …