Woman who accused M&S of racism has her discrimination claim dismissed

A woman had her discrimination claim against M&S dismissed - (Reuters)

A personal assistant who accused Marks & Spencer of implementing a "racist" internal reorganisation plan, codenamed "Project Coffee", has lost her discrimination and unfair dismissal claims against the retailer.

Claudia Royer, who served as a PA in M&S’s food and technology department for nine years, alleged that "Project Coffee" was an initiative designed to recruit more personal assistants from diverse ethnic backgrounds, claiming its code name exploited a "racist trope".

She further contended that she was asked to greet new appointees specifically because she is black. Ms Royer brought claims of direct race discrimination, unfair dismissal, and unpaid wages against M&S after her redundancy in October 2023.

However, an employment judge dismissed her claims after M&S presented a document demonstrating that Project Coffee had "nothing to do with the recruitment of PAs" and was, in fact, solely a proposed restructuring plan.

Employment Judge Anthony Snelson, in his ruling delivered in September last year, stated: "Unfortunately, the claimant has become unshakeably convinced by her surprising theory that there was a secret programme called ‘Project Coffee’ designed to make the cohort of PAs more racially representative of the world outside the respondent’s organisation."

He added: "If she was right, it would be difficult to see how its existence would constitute a detriment to the claimant, save perhaps in so far as its name might give offence. But in any event, we are quite satisfied that there was no such programme."

The tribunal heard that Ms Royer’s employment was terminated following a review and reorganisation of the PA role within M&S’s Foods Group in August 2023.

Royer felt a code name for an initiative at M&S exploited a ‘racist trope’ (Reuters)

She subsequently wrote to the M&S chief executive officer, detailing numerous complaints of unfair and discriminatory treatment, many of which were later replicated in her tribunal claims.

Her complaints were initially handled internally as a formal grievance but were rejected in November 2023, with M&S stating no evidence of discrimination was found and that her perception of Project Coffee’s nature and purpose was "quite mistaken".

M&S informed the tribunal that Project Coffee, launched in early 2019, was a reorganisation plan unrelated to PA recruitment.

Judge Snelson noted that around the same time, several newly appointed PAs, including at least one black individual, were hired, and Ms Royer was asked to greet them upon their arrival.

Dismissing all of Ms Royer’s claims, the judge concluded that she had "found herself taking positions which seemed to lose touch with reality and common sense."

He further criticised her judgment, stating: "That the claimant should pursue the matter even after being shown a document which clearly evidences the fact that Project Coffee refers to a proposal for a structural reorganisation, resorting to the wild allegation that the document was manufactured, reflects poorly on her judgement."

Judge Snelson also found no detriment in asking her to welcome new colleagues, as it was a task that "fell naturally within her remit".

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