Being regularly passed over for promotions is not a nice feeling, especially when there is no other reason for it than being older than your colleagues. This is what happened to Rachel Sunderland from England, who was a knitwear design specialist at British clothing retailer Superdry from September 2015 to September 2020.
During this time, she observed that younger, less qualified designers were regularly preferred and promoted, even though she already had 30 years of experience in the industry.
“As a fashion designer with over 25 years of experience at companies such as Fatface, Boden, Monsoon, Ralph Lauren, Versace, Gap and M&S, I was thrilled to join Superdry in 2015. In my first season there, I was able to increase men’s knitwear sales by 63 percent with my solo designs. I gave my all for my role at Superdry as I designed in several important categories. But I soon realized that I was treated very differently to my younger colleagues,” Sunderland summarized her time at Superdry in a LinkedIn statement.
Special treatment based on age
Following a leave of absence from April to July 2020, she was told she would be assigned to work on the Fall/Winter 2020 range of knitwear accessories. This felt “like a deferral” for the veteran designer, who was considered by the company to be a low-risk worker, as she would only work on “keychains and hats.” Sunderland had had enough and resigned at the age of 56.
“As a mother in my mid-50s, I was consistently denied the rank, title, and compensation that my hard work, skill, performance, and results deserved. When an ever-increasing and unreasonable workload brought me to the brink of emotional breakdown, I left the company. That decision, and the decision to hold Superdry accountable, was the most difficult decision I have ever made,” Sunderland said.
She still had to give three months’ notice because the design department was understaffed. The real demoralization, Sunderland said in court, was the hiring of a woman with 20 years less experience as a design manager shortly thereafter – a position that matched Sunderland’s qualifications.
Years of unfair treatment and this latest piece of evidence led Sunderland to bring a discrimination case against Superdry in Bristol Labor Court. Her case was heard on March 21-25 and the verdict could spur workers in a similar situation to follow this path as well.
Labor Court agrees with Sunderland
The court ruled that Sunderland’s claim of unfair dismissal was well founded and that Superdry had breached Sections 13 and 39(2)(b) and (d) by ‘directly discriminating against Sunderland on the basis of her age’. It therefore sentenced the company to pay compensation totaling 96,208.70 pounds (around 112,145 euros).
This sum consists of the equivalent of almost 64,000 euros as compensation for the financial damage incurred plus more than 8,700 euros “for the hurt to the plaintiff’s feelings, which was caused by the discrimination against the defendant”, according to the labor court. The remainder of the sum comes from back interest payments and a projection of almost £100,000.
Superdry and Sunderland comment on the verdict
“Superdry is committed to equality for all employees. Whilst the court’s ruling does not reflect our culture and values, we thank the court for their thorough review, respect their decision and will review their findings,” a Superdry spokesman said, according to Gloucestershire Live.
“The Labor Court’s recent decision to uphold my claim against Superdry for wrongful dismissal and age discrimination has ended one of the most painful and stressful times of my life,” said Sunderland.
“The Labor Court ruling has brought me more than just monetary compensation for Superdry’s mistreatment. It confirmed that my decision to leave Superdry and tell the truth wasn’t in vain. I am very grateful to the court for listening to me and carefully examining all the evidence. I hope this ruling sends a clear message to anyone affected by unfair or discriminatory treatment in the workplace: do not be afraid to stand up for what is right and seek justice,” Sunderland concludes.