Hourglass Cosmetics wins discrimination case

Published: 11-Dec-2015

Employment panel dismisses allegations brought against company in the UK

Hourglass Cosmetics has won a discrimination case brought against it by three former employees, after the allegations made did not stand up and could not be proved.

In September, Darshana Patel, Leena Chaudhary and Semone Ballin filed a case against the US cosmetics company in the UK. The beauty consultants worked for Hourglass on its cosmetics counters in Liberty’s Regent Street store and, at the time, were claiming £38,000. The claimants made different complaints against Founder and Chief Executive Carisa Janes, which included sex discrimination, breach of contract, race and religious discrimination, and unfair dismissal. Throughout the process, Janes denied all allegations.

The hearing in London was held in front of Employment Judge Glennie, Ms Taylor and Mr Ferns. The tribunal was unanimous in its dismissal of the case. Specifically, Ballin’s complaints of direct discrimination because of race, harassment related to race and/or sex; and/or marriage or civil partnership were all dismissed. Patel’s complaints of direct discrimination because of race and harassment related to race were dismissed. Chaudhary’s complaints of direct discrimination because of race; harassment related to race and/or religion or belief; victimisation; and breach of contract (failure to pay commission) were all dismissed.

However, Chaudhary’s complaint of breach of contract (wrongful dismissal) and failure to provide a written statement of terms of employment were said to be well founded. The tribunal said: “It should be possible for the parties to agree on those matters. However, if this proves not to be the case they should jointly apply for a remedy hearing to be listed.”

In a statement to its employees following the hearing, Hourglass wrote: “We wanted you to know that a  three-member Employment Panel in the United Kingdom this week unanimously dismissed discrimination claims filed against our company by three former employees in London after finding their allegations had no merit. From the beginning we vigorously contested these claims because intolerance of any kind violates the core values of Hourglass. We are committed to maintaining a highly diverse workplace where all employees are treated with respect and dignity and are pleased that we can now put this matter behind us.”

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