Mrs C Chevalier - Firescu v HSBC Bank plc — 2020

The tribunal found that the claimant was a job applicant for the respondent only in relation to a 2018 GCB3 vacancy. Her potential appointment was considered against that vacancy, but the respondent's practice of no promotion on hire meant she could not be offered the GCB3 director-level role because her previous role was not at director level. The tribunal found that no GCAS approval had been completed for her and that the recruitment process ended around mid-July 2018, with the vacancy later filled by another candidate.

The tribunal rejected the claimant's case that she remained in a continuous recruitment process from 2018 through 2021. It found that later meetings, messages and discussions were not arrangements for deciding whom to offer employment, and were not refusals to offer employment, because there was no authorised role or opportunity available to offer her. The tribunal accepted evidence that there were headcount reductions and no approved GCB3 or GCB4 recruitment process in the relevant team during 2019 and 2020.

The tribunal held that the only matter within its jurisdiction under section 39 Equality Act 2010 was the claimant's non-appointment in 2018. That complaint was presented substantially out of time, and the tribunal declined to extend time on just and equitable grounds, noting the claimant's knowledge of time limits, prior tribunal experience, access to legal advice, and the prejudice to the respondent from delay. The post-2018 allegations were struck out as having no reasonable prospects of success, and all claims were dismissed.