Mrs P K Hamilton v Clarins UK Ltd: S/4100780/2017
| Judgment Date | 13 July 2018 |
| Citation | S/4100780/2017 |
| Published date | 31 December 2018 |
| Court | Employment Tribunal |
| Subject Matter | Breach of Contract |
ETZ4(WR)
EMPLOYMENT TRIBUNALS (SCOTLAND)
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Case No: S/4100780/2017
Held in Glasgow on 23 and 27 April 2018 with further written submissions on
1 May 2018
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Employment Judge: Mrs M Kearns (sitting alone)
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Mrs P K Hamilton Claimant
Represented by:
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Mr Baird
Lay representative
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Clarins UK Ltd Respondent
Represented by:
Mr T Haddow
Advocate
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JUDGMENT OF THE EMPLOYMENT TRIBUNAL
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The Judgment of the Employment Tribunal was that the claimant was unfairly
constructively dismissed by the respondent and the respondent is ordered to pay to
the claimant the sum of £8,071 (Eight Thousand and Seventy One Pounds).
The Employment Protection (Recoupment of Jobseekers’ Allowance & Income
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Support) Regulations 1996 do not apply to this award.
S/4100780/2017 Page 2
REASONS
1. The respondent is a well-known retailer of beauty and skincare products. The
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claimant was employed by the respondent as a member of their ‘Angel Team’
of national sales development specialists from 7 October 2013 until her
resignation on 27 March 2017. Having complied with the early conciliation
requirements she presented an application to the Employment Tribunal on 16
June 2017 in which she claims that she was constructively and unfairly
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dismissed and entitled to notice pay.
Issues
2. The issues for the Tribunal were:-
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(1) Whether the claimant was dismissed;
(2) If so, whether that dismissal was unfair;
(3) If it was unfair what financial award/compensation, if any is due to the
claimant?
(4) Whether the claimant is entitled to notice pay.
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Evidence
3. The Tribunal heard evidence from the claimant on her own behalf. Both
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parties lodged bundles of documents (“C” and “R” respectively). The claimant
referred to her documents by letter, for example “CA”. The respondent
referred to theirs by page number. The respondent called the following
witnesses: Mrs Marie Schmid, Head of Training; Mr Stewart Clark, National
Events Manager and Mrs Jamie Buddell, Head of HR.
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Findings in Fact
S/4100780/2017 Page 3
4. The following facts were admitted or found to be proved:-
5. The respondent is a limited company engaged in the provision of beauty and
skincare products and treatments. They do not operate stores of their own.
Instead they have counter and treatment facilities (referred to as ‘doors’) in
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department stores around the UK. They also operate in some spas. The
claimant was employed by the respondent from 7 October 2013 until her
resignation on 27 March 2017.
6. The respondent has around 2,000 members of staff in the UK. Aside from the
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training of new staff, around 1,500 of the respondent’s employees require
regular training in new products and/or brand initiatives. The respondent’s
Head of Training is Marie Schmid. Her training team comprises two sections:
commercial training and treatment training. There are two classroom trainers;
five regional commercial training managers and five regional treatment
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training managers. There is also a band of around 35 elite trainers known as
the ‘Clarins Angel teams’. The ‘Clarins Angels’ are an events team who work
nationwide supporting key stores and spa partners, setting up specific events
and activities. Their purpose is to drive sales and recruit new customers to the
business. There are three Clarins Angel teams: north, south and London.
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Each team has its own manager. The claimant was in the north team reporting
to Jai Logan. The regional Angels team managers reported in turn to the
National Events Manager, Stewart Clark. The claimant and her colleagues in
the north regional Angels team have more contact with Mr Clark than the other
regional team Angels because Mr Logan is deaf, and adjustments have been
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made to his role in relation to telephone calls with his direct reports.
7. In July 2016 an opportunity arose to apply for one of the five regional
commercial training manager roles. The role was based in Scotland. The
claimant applied and was interviewed on 26 July 2016 by Laura Wright, the
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respondent’s Training Team Manager. The claimant was unsuccessful.
However, she achieved a score of 85%.
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