M&S Discrimination Claim Dismissed: Tribunal Rejects 'Project Coffee' Racism Allegations
M&S Discrimination Claim Dismissed Over 'Project Coffee'

A former Marks & Spencer personal assistant who accused the retail giant of implementing a "racist" internal reorganisation plan has had her discrimination and unfair dismissal claims comprehensively dismissed by an employment tribunal.

Nine-Year Employee Made Redundant

Claudia Royer worked as a PA in M&S's food and technology department for nine years before her position was made redundant in October 2023 following a review and reorganisation of PA roles within the company's Foods Group.

'Project Coffee' Allegations

Ms Royer brought claims of direct race discrimination, unfair dismissal, and unpaid wages against M&S, alleging that an initiative codenamed "Project Coffee" was designed to recruit more personal assistants from diverse ethnic backgrounds. She contended the code name exploited a "racist trope" and claimed she was asked to greet new appointees specifically because she is black.

In her tribunal submission, she detailed numerous complaints of unfair and discriminatory treatment, many of which had previously been raised in a formal grievance to M&S's chief executive officer. The company had rejected these complaints internally in November 2023, stating no evidence of discrimination had been found.

Tribunal Findings

Employment Judge Anthony Snelson delivered his ruling in September last year, dismissing all of Ms Royer's claims after M&S presented documentation demonstrating that Project Coffee had "nothing to do with the recruitment of PAs" and was instead solely a proposed restructuring plan launched in early 2019.

"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," Judge Snelson stated in his written judgment.

Judge's Criticism

The judge was particularly critical of Ms Royer's persistence with her allegations even after being shown documentary evidence contradicting her claims. "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," he noted.

Judge Snelson further observed that even if Ms Royer's interpretation of Project Coffee had been correct, it would be difficult to see how its existence would constitute a detriment to her, "save perhaps in so far as its name might give offence."

Context of New Hires

The tribunal heard that around the same time as the reorganisation, several newly appointed PAs were hired, including at least one black individual. Ms Royer had been asked to greet these new colleagues upon their arrival, which she interpreted as discriminatory treatment.

However, Judge Snelson found no detriment in this request, noting that welcoming new colleagues was a task that "fell naturally within her remit" as a personal assistant.

Conclusion on Claims

In his final assessment, the employment judge concluded that Ms Royer had "found herself taking positions which seemed to lose touch with reality and common sense." He emphasised that the tribunal was "quite satisfied that there was no such programme" as she had alleged.

The ruling represents a complete vindication for Marks & Spencer regarding these particular discrimination claims, though it highlights the complex challenges businesses face when addressing diversity initiatives and employee perceptions in contemporary workplace environments.