Superdry designer awarded £96,000 in age discrimination claim

The 56-year-old knitwear designer claimed she was repeatedly rejected for promotion in favour of less experienced colleagues

Joanna Whitehead
Tuesday 05 July 2022 12:10 EDT
Comments
A Superdry store in London’s Canary Wharf
A Superdry store in London’s Canary Wharf (Ian Gavan/Getty )

Your support helps us to tell the story

From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.

At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.

The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.

Your support makes all the difference.

A knitwear designer for Superdry has been awarded £96,000 in damages after being passed over for promotion because of her age.

Rachel Sunderland, 56, won the case against the high street fashion brand for unfair dismissal and direct discrimation on the grounds of age.

During her time working for the retailer between 2015 and 2020, Sunderland claimed that she was repeatedly rejected for promotion in favour of less experienced colleagues and that she was forced to resign.

A tribunal heard that bosses deemed her to be a low “flight risk” compared with younger members of staff and that she would stay “no matter how she was treated”.

Sunderland, who had more than 30 years experience as a knitwear designer, claimed that the “recruitment, promotion and recognition of other [younger] individuals undermined her standing within Superdry’s design team”.

The designer was told she lacked management experience required for promotion, but highlighted instances when younger staff were promoted to lead design roles, despite having no supervisory or managerial responsibilities.

And in another instance, she was called “scatty” by another staff member, a term which the tribunal found to be “loaded with subjectivity”, and the sort of term that “verges on a term of abuse and which the tribunal would not expect to be used to describe a younger, male colleague”.

Sunderland resigned in September 2020, claiming she had become ill from stress.

The tribunal concluded that Superdry’s actions were because of the claimant’s age.

David Hughes, the tribunal judge, said in his ruling: “We find that the decision makers decided not to promote . . . because they judged that there was little risk of her leaving the business no matter how she was treated. We find that a similarly valuable designer who was significantly younger than [Sunderland] probably would have been promoted.”

According to a 2017 study, almost three-quarters of UK workers say age discrimination is common in the workplace, with both young and older workers feeling most affected.

Over half of workers aged over 55 say they have been discriminated against unfavourably because of their age, while the same number of those aged 18 and under feel they are not taken seriously at work.

Join our commenting forum

Join thought-provoking conversations, follow other Independent readers and see their replies

Comments

Thank you for registering

Please refresh the page or navigate to another page on the site to be automatically logged inPlease refresh your browser to be logged in