EAT DISABILITY DISCRIMINATION – SECTION 15DISABILITY DISCRIMINATION – BURDEN OF PROOFClaimant dismissed for redundancy – Not given the chance to apply for two vacancies for which the Tribunal considered she was potentially appointable – Claimant had a history of absences due to operations for a knee condition which constituted a disability – Tribunal holds, applying … Continue reading IPC Media Ltd v Millar (Disability Discrimination : Section 15): EAT 26 Apr 2013
Disability Discrimination – discrimination arising from disability – section 15 Equality Act 2010 The Employment Tribunal (‘ET’) found that the respondent’s decision to dismiss the claimant after a period of sickness absence was discrimination arising from disability, as prohibited by section 15 of the Equality Act 2010 (‘EqA’). In particular, it found that dismissal was … Continue reading Department for Work and Pensions v Boyers: EAT 15 Jun 2022
F brought proceedings here to seek the return of the child K to Poland from where she had been removed by M. F appealed against refusal of an order for K’s return, citing F’s delay. Held: The appeal succeeded. The judge had not allowed for F’s lack of understanding of issues of international law: ‘this … Continue reading In re K (A Child): CA 25 Nov 2010
The defendants applied for directors’ disqualification proceedings for the claim to be struck out or dismissed on the ground that the respondent had breached their rights to a fair trial under Article 6 of the European Convention on Human Rights and/or breached his duty to act fairly, in that they had failed to disclose material … Continue reading Secretary of State for Business, Innovation and Skills v Doffman and Another: ChD 11 Oct 2010
DISABILITY DISCRIMINATION – Section 15 JUSRISDICTIONAL POINTS – Extension of time: just and equitable The employment tribunal had been bound to dismiss the claimant’s claim for discrimination arising from the claimant’s disability. The claimant had a disability which caused her to suffer from migraines caused by computer software, which the respondent unsuccessfully tried to address … Continue reading Department of Work and Pensions v Robinson (Disability Discrimination – Section 15 : Jusrisdictional Points – Extension of Time: Just and Equitable): EAT 24 Jul 2019
The claimants, in the US awaiting execution for murders, challenged the permitting by the defendant for export of the chemical Sodium Thipental which would be used for their execution. The respondent said that its use in general anaesthesia practice meant that it was not subject to control. The claimants said that the export was a … Continue reading Zagorski and Baze, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills and Others: Admn 29 Nov 2010
The claimant appealed against rejection of his claim for discrimination when under the 1952 Act, there was a requirement to appoint a member as pastor of the prison a Clergyman of the Church of England, and other chaplains, including himself, an imam, were paid less. Held: The claimant’s appeal failed. It was not enough to … Continue reading Naeem v The Secretary of State for Justice: CA 9 Dec 2015
The appellant challenged a finding that it was guilty of indirect race discrimination. A statistical study showed that BME candidates did rather less well on a standard assessment test, but while the correlation was clear, the manner of discrimination was unidentifiable. Held: The appeal succeeded. The claimants had to show why the requirement to pass … Continue reading Home Office (UK Border Agency) v Essop and Others: CA 22 Jun 2015
EAT Race Discrimination : Indirect – RELIGION OR BELIEF DISCRIMINATION Until 2002 the only Chaplains employed by the Prison Service were Christians. Since then, Chaplains of other faiths have been recruited. The pay scale for Chaplains reflects – inter alia – length of service. The Claimant, a Muslim Chaplain, was appointed in 2004. His claim … Continue reading Naeem v The Secretary of State for Justice: EAT 15 Jan 2014
Harassment – Disability Related Discrimination VICTIMISATION DISCRIMINATION – Protected disclosure The Employment Tribunal were best placed to make findings of fact about the context and office culture which it did, and which was necessary in order to understand the Claimant’s allegations of harassment and victimisation as well as direct discrimination and section 15 disability discrimination. … Continue reading Evans v Xactly Corporation Ltd: EAT 15 Aug 2018
The Claimant was a member and branch secretary of the Respondent trade union. At the age of 62, he was nominated to stand for election to the Respondent’s National Executive Committee for the requisite three-year term. His nomination was rejected by the Respondent on the basis of a rule in its Rulebook which did not … Continue reading The National Union of Rail, Maritime and Transport Workers (RMT) v Lloyd (Age Discrimination): EAT 15 Mar 2019
‘In this case the Court is required to consider the approach of the Defendant Secretary of State for Communities and Local Government (‘SSCLG’) to the consideration and determination of planning appeals which relate to the provision of pitches for use by travellers within the Green Belt. Such pitches are used to station caravans in which … Continue reading Moore and Another v Secretary of State for Communities and Local Government: Admn 21 Jan 2015
DISABILITY DISCRIMINATION – Section 15 Discrimination due to unfavourable treatment because of something arising in consequence of disability – proportionate means of achieving a legitimate aim – section 15 Equality Act 2010 The Claimant was a doctor employed by the four partners of a small GP’s practice. Having been signed off work on long-term sickness … Continue reading Ali v Torrosian and Others (T/A Bedford Hill Family Practice): EAT 2 May 2018
The claimant’s son had been one of six soldiers of the Royal Military police to have been murdered by an armed mob attacking a police station in Iraq in 2003. The said that their deaths had not been properly or sufficiently investigated. The corone had requested the police to investigate whether there had been any … Continue reading Long, Regina (on The Application of) v Secretary of State for Defence: Admn 15 Jul 2014
(Grand Chamber) The court ruled admissible claims against the United Kingdom by 13 persons entitled to British State pensions for violation of article 14 of the Convention in combination with article 1 of the First Protocol. All the claimants had earned pensions by working in Britain, but had emigrated to South Africa, Australia or Canada … Continue reading Carson and Others v The United Kingdom: ECHR 16 Mar 2010
EQUAL PAY ACT – Article 141/European law EQUAL PAY ACT – Equal value EQUAL PAY ACT – Other establishments 1. Although the point is not acte clair, the better view is that article 157 of the Treaty on the Functioning of the European Union is directly effective in a claim founded on equal pay for … Continue reading Asda Stores Ltd v Brierley and Others (Equal Pay Act): EAT 31 Aug 2017
PRACTICE AND PROCEDURE – Bias, misconduct and procedural irregularity < PRACTICE AND PROCEDURE – Appellate jurisdiction/reasons/Burns-Barke In the first appeal (UKEAT/0167/15/LA), the Appellant, the NHS Trust Development Authority (‘TDA’), complained that the Employment Tribunal (‘ET’) had reached conclusions which were not supported by the evidence or were arrived at by inferential conclusions, which could not … Continue reading NHS Trust Development Authority (NHS TDA) v Saiger and Others (Practice and Procedure): EAT 17 Jul 2017
PRACTICE AND PROCEDURE – Bias, misconduct and procedural irregularity PRACTICE AND PROCEDURE – Appellate jurisdiction/reasons/Burns-Barke In the first appeal (UKEAT/0167/15/LA), the Appellant, the NHS Trust Development Authority (‘TDA’), complained that the Employment Tribunal (‘ET’) had reached conclusions which were not supported by the evidence or were arrived at by inferential conclusions, which could not be … Continue reading North Cumbria University Hospitals NHS Trust v Saiger and Others (Practice and Procedure): EAT 17 Jul 2017
Several lone parents challenged the benefits cap, saying that it was discriminatory. Held: (Hale, Kerr LL dissenting) The parents’ appeals failed. The legislation had a clear impact on lone parents and their children. The intention was to encourage claimants back into work. It was said that thus contradicted the other policy of providing no free … Continue reading DA and Others, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 15 May 2019
EAT (Practice and Procedure : Appellate Jurisdiction/Reasons/Burns-Barke) JURISDICTIONAL POINTS – Worker, employee or neither The Claimant was an interpreter, who from 2007 provided services directly to Police and Courts. Then the authorities engaged interpreters through intermediaries – initially ALS, then Capita. The Claimant had no contract with the end-users of her services. She claimed holiday … Continue reading Chet v Capita Translation and Interpreting Ltd: EAT 24 Jul 2015
EAT Practice and Procedure: Striking-Out/Dismissal – The Claimant – employed by the Respondent on a fixed-term basis in an airside ground staff capacity – had complained that his dismissal had been an act of victimisation contrary to section 27 Equality Act 2010 (in respect of previous complaints against the Respondent and a more recent complaint … Continue reading Ahir v British Airways Plc: EAT 15 Apr 2016
EAT RACE DISCRIMINATION – Comparison An Employment Tribunal considered 28 matters said to amount to acts of race discrimination, arising in relation to the employment of the Claimant as a solicitor for the Defendant council. In respect of each it asked if it had caused a detriment, but did not enquire if it was an … Continue reading Essex County Council v Jarrett (Race Discrimination): EAT 4 Nov 2015
VICTIMISATION DISCRIMINATION VICTIMISATION DISCRIMINATION – Protected disclosure SEX DISCRIMINATION – Post employment TRANSFER OF UNDERTAKINGS The Claimant left the service of Greater Manchester Police Authority (‘GMPA’), having agreed a settlement of claims of sex discrimination against it. Eighteen months later, in accordance with the Police Reform and Social Responsibility Act (‘PRSRA’), the GMPA ceased to … Continue reading Butterworth v The Police and Crime Commissioner’s Office for Greater Manchester and Another (Victimisation Discrimination): EAT 16 Nov 2015
EAT Equality Act 2010 sections 5, 13(1) and (2), 23 and 39(2)(d) Direct age discrimination – different treatment of those aged over 50. Held: Allowing the appeal. (1) The ET had erred in its approach to the question of comparison; wrongly relying on the differences attributable to the ages of the Claimant and his comparators … Continue reading Donkor v The Royal Bank of Scotland (Age Discrimination) (Rev 1): EAT 16 Oct 2015
EAT HARASSMENT – Conduct HARASSMENT – Purpose Equality Act 2010 sections 13(1), 23 and 26 In circumstances in which the Claimant had been instructed not to speak Russian in the workplace, had the Employment Tribunal erred in dismissing her claims of direct race (national origins) discrimination and/or harassment related to her race (national origins)? Held: … Continue reading Kelly v Covance Laboratories Ltd (Race Discrimination: Direct): EAT 20 Oct 2015
The claimants, a prisoner and his disabled wife, complained that he had been placed in a prison too far from her to allow visits. Held: A declaration was granted. Holman J [2015] EWHC 4093 (Admin) Bailii Equality Act 2010 Prisons, Administrative Updated: 16 January 2022; Ref: scu.564426
Application for permission to appeal. Elias LJ [2015] EWCA Civ 1424 Bailii Equality Act 2010 England and Wales Employment, Discrimination Updated: 14 January 2022; Ref: scu.563266
JURISDICTIONAL POINTS – Claim in time and effective date of termination DISABILITY DISCRIMINATION – Direct disability discrimination PRACTICE AND PROCEDURE – Costs Equality Act 2010 limitation. No express finding by the Employment Tribunal on a late point raised by the Respondent below. However, it is plain that there was a ‘continuing act’ which rendered all … Continue reading Fenn (T/A Powercutz) v Schreeve (Jurisdictional Points: Continuity of Employment): EAT 2 Oct 2015
EAT Disability Discrimination – Reasonable adjustments – Justification – PRACTICE AND PROCEDURE – Costs Disability Discrimination – Indirect Discrimination (section 19 Equality Act 2010) – Discrimination by Reasons of a Failure to Make Reasonable Adjustments (sections 20 and 21) The Claimant made complaints of indirect disability discrimination and discrimination by reason of a failure to … Continue reading Muzi-Mabaso v HM Revenue and Customs: EAT 13 Nov 2015
EAT Practice and Procedure : Amendment 1 The Employment Tribunal (ET) struck out a claim under the Equality Act 2010 section 15 as having no reasonable prospects of success. It found that there were no pleadings from which it could be found that the unfavourable act complained of, namely dismissal, amounted to the respondent treating … Continue reading Kelso v Department for Work and Pensions: EAT 29 Oct 2015
EAT Race Discrimination : Direct – RACE DISCRIMINATION – Detriment Discrimination on grounds of race – Subjecting an employee to a detriment – Failure to investigate allegation of misconduct – Less favourable treatment on grounds of race – Allegation fabricated – Whether capable of amounting to a detriment The Appellant company employed the First Respondent … Continue reading Cordant Security Ltd v Singh and Another: EAT 27 Oct 2015
EAT Disability Discrimination: Section 15 – DISABILITY DISCRIMINATION – Compensation UNFAIR DISMISSAL – Reasonableness of dismissal UNFAIR DISMISSAL – Polkey deduction Unfair Dismissal – Section 98 Employment Rights Act 1996 (‘ERA’) Disability Discrimination – discrimination arising from disability – section 15 Equality Act 2010 (‘EqA’) The Employment Tribunal (‘ET’) having found that the Claimant had … Continue reading Monmouthshire County Council v Harris: EAT 23 Oct 2015
EAT Age Discrimination – Can a corporate body which is a member of an LLP claim to have suffered detriment because of the protected characteristic of an individual who happened to be its principal shareholder and member? An Employment Judge’s affirmative answer to this question was correct, and arguments that because only an individual could … Continue reading EAD Solicitors Llp and 7 Others v Abrams: EAT 5 Jun 2015
EAT Sex Discrimination: Indirect PART TIME WORKERS – PRACTICE AND PROCEDURE – Costs Indirect Sex Discrimination – Equality Act 2010 section 19 On the indirect sex discrimination claim it was agreed that the Employment Tribunal (‘the ET’) erred in the identification of the pool for comparison. To that extent the appeal would be allowed. Applying … Continue reading Rajaratnan v Care UK Clinical Services Ltd: EAT 2 Jul 2015
EAT Unfair Dismissal: Reason for Dismissal Including Substantial Other Reason – DISABILITY DISCRIMINATION – Disability related discrimination – CONTRACT OF EMPLOYMENT – Wrongful dismissal The Employment Tribunal was entitled to find that the Claimant’s dismissal, albeit procedurally unfair, was substantively fair by reason of his misconduct, notwithstanding a separate finding that his demotion constituted discrimination … Continue reading Rochford v WNS Global Services (UK) Ltd and Others: EAT 24 Sep 2015
EAT AGE DISCRIMINATION – On a Preliminary Hearing to determine whether the Employment Tribunal has jurisdiction to hear age discrimination claims by pensioners that they were not paid lump sums in respect of a change in the basis for pension increases which were made to current employees, the Employment Judge failed to consider whether the … Continue reading Ford Motor Company Ltd v Elliott and Others: EAT 24 Sep 2015
EAT Unfair Dismissal : Reasonableness of Dismissal DISABILITY DISCRIMINATION – Direct disability discrimination 1. The Respondent is a publicly funded independent school with approximately 1,200 pupils aged eight to 18 and is successor to a school administered by the local authority. The academy is what might be regarded as an ‘urban’ school. Its catchment area … Continue reading Bolton St Catherine’s Academy v O’Brien: EAT 18 Sep 2015
EAT Disability Discrimination: Section 15 – An Employment Tribunal held that the Claimant, a Consultant Cardiothoracic Surgeon, had a serious lung condition which fluctuated in its effect on his day-to-day abilities. He was able to attend interviews for another job in Cork, and courses on the continent, despite being on sick leave and in receipt … Continue reading Basildon and Thurrock NHS Foundation Trust v Weerasinghe: EAT 29 Jul 2015
EAT Race Discrimination : Continuing Act – JURISDICTIONAL POINTS – Extension of time: just and equitable RACE DISCRIMINATION – Direct Limitation – whether a continuing act – whether just and equitable to extend time. Substantively, the Employment Tribunal failed to consider the Respondent’s explanation at Stage 2 of Igen v Wong. Employer’s appeal allowed. Case … Continue reading The Basildon Academies Trust v Polius-Curran: EAT 23 Jun 2015
Disability Discrimination: Disability Related Discrimination The Respondent was introducing a new shift pattern and seeking volunteers for redundancy. It was concerned whether by reason of the Claimant’s type 1 diabetes she was fit to work the new shift pattern and had commissioned a report on this question. The Claimant was unable to decide whether to … Continue reading T-Systems Ltd v Lewis: EAT 22 May 2015
EAT Disability Discrimination : Disability – Direct disability discrimination – UNFAIR DISMISSAL – Reason for dismissal including substantial other reason Two points were permitted to proceed to this Full Hearing: (1) The Employment Tribunal sought to draw a distinction between ‘perceived’ and ‘suspected’ disability. That was unhelpful. However, the Employment Tribunal’s answer to the ‘reason … Continue reading Agbakoko v Allied Bakeries: EAT 5 Jun 2015
EAT JURISDICTIONAL POINTS By a Treaty of 1960, the UK constituted the island of Cyprus an independent state, but retained two areas of the Island as military base areas (the Sovereign Base Areas – ‘SBAs’). Civilians who were dependents of service personnel or civil servants accompanying the Armed Forces in the SBAs engaged while in … Continue reading Ministry of Defence v Holloway and Others (Jurisdictional Points): EAT 28 Jul 2015
EAT Jurisdictional Points : Extension of Time: Just and Equitable – The Claimant brought various claims against his employer, the First Respondent, including direct discrimination and harassment on grounds of religious belief and detriment for making a protected disclosure. He brought one claim, harassment, against the Chairman of the First Respondent, the Second Respondent. The … Continue reading Harden v Wootlif and Another: EAT 15 Apr 2015
The appellant had sought judicial review of a decision of the respondent to approve a Revenue Budget for 2012/13 as to the provision of youth services. He applied for declarations that the respondent had failed to comply with section 149 of the Equality Act 2010 and section 507B of the Education Act 1996 and for … Continue reading Hunt v North Somerset Council: SC 22 Jul 2015
EAT Disability Discrimination: Reasonable Adjustments – Section 15 The Employment Tribunal erred in failing to decide the disability discrimination and reasonable adjustments claims on the basis of the Provision, Criterion or Practice which it identified in the list of issues. Further, the Employment Tribunal erred in failing to make the necessary findings of fact or … Continue reading Secretary of State for Justice v Prospere: EAT 30 Apr 2015
EAT Disability Discrimination: Disability – The Claimant claimed to have been disabled by reason of suffering cognitive impairment and memory loss. The medical evidence was at best equivocal and evidence from lay witnesses was conflicting. The Employment Tribunal had given itself a proper direction as to the law, and was not satisfied that the Claimant … Continue reading May v Secretary of State for Transport: EAT 22 Jun 2015
EAT Jurisdictional Points: Worker, Employee or Neither – Whether a GP, whose services were provided to the Trust through a Cooperative, was a worker under section 230(3)(b) Employment Rights Act 1996. The Employment Tribunal was entitled to find that he was not. Whether the Claimant had abandoned an argument that he was a worker under … Continue reading Suhail v Barking Havering and Redbridge University Hospitals and Another: EAT 11 Jun 2015
EAT Race Discrimination: Direct – Race discrimination – direct (section 13(1) Equality Act 2010) The Employment Tribunal (‘the ET’) had upheld the Claimant’s claims of direct race discrimination in respect of: (1) the manner of his investigation meeting; and (2) the referral of the Claimant to the disciplinary process. On the Respondent’s appeal, allowing the … Continue reading CP Regents Park Two Ltd v Ilyas: EAT 16 Jun 2015
The tenant had been secure but had his tenancy had been reduced to an insecure demoted tenancy after he was accused of anti-social behaviour. He had not himself been accused of any misbehaviour, but it was said that he should have controlled his family members. The county court had been unwilling to allow any challenge … Continue reading Manchester City Council v Pinnock: SC 3 Nov 2010
Richards, Elias, McCombe LJJ [2015] EWCA Civ 1265, [2015] WLR(D) 523, [2016] IRLR 216, [2017] ICR 160 Bailii, WLRD Equality Act 2010 20 England and Wales Discrimination, Employment Updated: 31 December 2021; Ref: scu.556788
EAT DISABILITY DISCRIMINATION – Justification; Disability Related Discrimination The Claimant accepted ill-health retirement at 38, because his disabilities were such that he could no longer continue in post. He was entitled to a pension calculated as if he had worked on until retirement age, which was to be paid immediately upon retirement and without actuarial … Continue reading Swansea University Pension and Assurance Scheme (The Trustees of) and Another v Williams (Disability Discrimination: Justification): EAT 21 Jul 2015
EAT TRANSFER OF UNDERTAKINGS TRANSFER OF UNDERTAKINGS – Objection to Transfer PRACTICE AND PROCEDURE PRACTICE AND PROCEDURE – Striking out/Dismissal An employee whose disabilities were such that she worked 8.5 hours per week for her employer was part of a service which was to be taken over by NHS Direct NHS Trust (now known as … Continue reading NHS Direct NHS Trust (Now Known As South Central) v Gunn (Transfer of Undertakings : Objection To Transfer): EAT 14 May 2015
EAT Disability Discrimination: Reasonable Adjustments The Employment Appeal Tribunal allowed the appeal by the Respondent against the decision of the Employment Tribunal that it had breached its duty to make reasonable adjustments on the ground that the Tribunal failed, as it was required to do, to make proper findings as to whether the adjustments sought … Continue reading Cummins v Ministry of Defence: EAT 20 Mar 2015
EAT Disability Discrimination: Reasonable Adjustments The Employment Appeal Tribunal allowed the appeal by the Respondent against the decision of the Employment Tribunal that it had breached its duty to make reasonable adjustments on the ground that the Tribunal failed, as it was required to do, to make proper findings as to whether the adjustments sought … Continue reading Ministry of Defence v Cummins: EAT 20 Mar 2015
EAT Contract of Employment : Implied Term/Variation/Construction of Term – DISABILITY DISCRIMINATION – Burden of proof The Employment Tribunal had concluded that a contract of employment which stated that the Claimant was employed to work a minimum of 48 hours in fact meant a maximum of 48 hours. That finding was perverse: no one had … Continue reading Unwin v Oltec Group Trading Ltd and Another (Contract of Employment : Implied Term/Variation/Construction of Term): EAT 13 Feb 2015
UTAA Equality Act – The applicants, who suffer from mental health problems, brought their claims for judicial review under the Equality Act 2010 (‘the Equality Act’) asserting that they were placed at a substantial disadvantage in comparison to claimants and recipients of Employment and Support Allowance (‘ESA’) who did not suffer from mental health problems … Continue reading MM and Another, Regina (on The Application of) v Secretary of State for Work and Pensions and Others: UTAA 9 Mar 2015
EAT Unfair Dismissal : Compensation Polkey deduction Having found that the Claimant had been unfairly dismissed and suffered discrimination arising in consequence of his disability, indirect disability discrimination, and discrimination by reason of a failure to make reasonable adjustments, the ET considered what compensation would be awarded to the Claimant for his pecuniary losses. Finding … Continue reading Kerry Ingredients (UK) Ltd v Little: EAT 16 Feb 2015
EAT Disability Discrimination: Disability Related Discrimination – Justification – Disability related discrimination. Equality Act 2010 section 15. Non-payment of bonus due to the Claimants having received a warning for disability related sick absence. Prima facie discrimination causatively made out. The Employment Tribunal were entitled to reject the Respondent’s justification defence. Peter Clarke HHJ [2015] UKEAT … Continue reading Land Registry v Houghton and Others: EAT 12 Feb 2015
EAT Disability Discrimination: Reasonable Adjustments – The disabled Claimant transferred to a role (A) for which, after delay, reasonable adjustments were made. Following mediation the Respondent ordered her transfer to role (B) which she never took up prior to medical retirement. The Employment Tribunal held transfer to (B) represented a breach of section 21 Equality … Continue reading Chief Constable of West Yorkshire v Farrand: EAT 13 Feb 2015
EAT Race Discrimination: Indirect – This is an appeal against a decision of the employment tribunal dismissing a claim for indirect discrimination. The case concerned the remuneration paid to different categories of members of the Parole Board. For a period between November 2009 and 1 April 2014, the Secretary of State determined that retired judges … Continue reading Greenland v Secretary of State for Justice: EAT 28 Jan 2015
The appellants, all severely disabled appealed against the refusal of their judicial review of the substantial withdrawal by the Council of a service providing them with transport to local day care facilities. They said that the council had failed in its dutes to consider their individual cases, to consult properly, and in its public sector … Continue reading Robson and Another, Regina (on The Application of) v Salford City Council: CA 20 Jan 2015
EAT Disability Discrimination : Disability Related Discrimination – Section 13(1) of the Equality Act 2010 requires actual or constructive knowledge to permit a claimant to succeed in a claim for direct disability discrimination: Gallop v Newport City Council [2013] EWCA Civ 1583 followed. The Appellant was not permitted to resile from a concession to that … Continue reading Morgan v Armadillo Managed Services Ltd: EAT 15 May 2014
EAT PRACTICE AND PROCEDURE – Amendment Amendment of pleadings. The Claimant submitted a form ET1 alleging that she had made protected disclosures and had suffered detriment due to that; and that she was disabled and the Respondent had refused to make reasonable adjustments. She submitted an agenda for a Case Management Discussion (CMD) in which … Continue reading Oliphant v Boots Management Services Ltd (Practice and Procedure : Amendment): EAT 19 Jun 2013
EAT PRACTICE AND PROCEDUREApplication/claimWithdrawalThere was an argument before the Employment Tribunal on the question whether any claim under section 18(4) of the Equality Act 2010 had been withdrawn by the terms of a response put in by the Claimant in answer to an order of the Employment Tribunal. On analysis, two questions had to be … Continue reading Northumberland County Council v Trebillcock (Practice and Procedure : Application or Claim): EAT 25 Apr 2013
The appellant was employed as a registrar. She refused to preside at same sex partnership ceremonies, saying that they conflicted with her Christian beliefs. Held: The council’s decision had clearly disadvantaged the claimant, and the question was whether its policies were a proportionate way of achieving a legitimate aim. They were. The overarching policy was … Continue reading Ladele v London Borough of Islington: CA 15 Dec 2009
The claimant solicitors had failed to submit their tender for a new contract in time. The respondent refused to accept the late submission. The claimant said that the respondent had not directly notified it of the deadline and so failed to meet its obligations under the 2006 Act and European law, and that the refusal … Continue reading Azam and Co v Legal Services Commission: ChD 5 May 2010
The court was asked whether, by adopting a staff dress code which forbade the wearing of visible neck adornment and so prevented the appellant, a Christian, from wearing with her uniform a small, visible cross, British Airways (BA) indirectly discriminated against her on grounds of religion or belief. Held: There was no requirement that a … Continue reading Eweida v British Airways Plc: CA 12 Feb 2010
The claimant solicitor said that the compulsory retirement from his partnership on age grounds was discriminatory, and that the UK Regulations had not implemented the Directive fully. Held: The appeal failed. The purpose of the provision as to allow the progression of younger members of the practice. This aim was recognised by the legislation, and … Continue reading Seldon v Clarkson Wright and Jakes (A Partnership): CA 28 Jul 2010
The appellant was serving a mandatory life sentence for murder. She was being considered for release from custody to ‘Approved Premises’. There were however more such centres for men and the provision for women was unplanned. The results, she said was dicriminatory in that women would be likely to be housed further away than men. … Continue reading Coll v Secretary of State for Justice: CA 31 Mar 2015
Appeal about the proper approach of the courts where the defendant to a claim for possession of his home raises a defence of unlawful discrimination, contrary to the Equality Act 2010, by the claimant landlord. In particular, the issue is whether the courts are entitled to take the same summary approach to such a defence, … Continue reading Akerman-Livingstone v Aster Communities Ltd: SC 11 Mar 2015
EAT Harassment – SEX DISCRIMINATION – Injury to feelings SEX DISCRIMINATION – Other losses The Claimant resigned from the Respondent company and was found by the Employment Tribunal to have been constructively dismissed as the result of three acts of harassment related to her sex. She succeeded in her claim, including claims for unfair dismissal … Continue reading Timothy James Consulting Ltd v Wilton: EAT 5 Mar 2015
amwell_dogherty The claimant had secretly recorded the disciplinary hearings and also the deliberations of the disciplinary panel after their retirement. The tribunal had at a case management hearing admitted the recordings as evidence, and the defendant appealed, saying also that it had been disclosed too late. Held: The evidence contained in the recordings was relevant … Continue reading Amwell View School v Dogherty: EAT 15 Sep 2006
The claimant sought a declaration that the duty set out in the 1995 Act applies to the discharge of duties, and to the exercise of powers, by local housing authorities under Part VII of the Housing Act 1996 being the part entitled ‘Homelessness’. The defendant argued that (1) the section concerned only the general formulation … Continue reading Pieretti v London Borough of Enfield: CA 12 Oct 2010
Application for judicial review concerning the criteria applied by the Legal Aid Agency to determine whether relatives of a deceased should be granted legal aid for representation at an inquest into a death which has arisen in circumstances which might engage Article 2 of the European Convention of Human Rights. Held: The application succeeded. The … Continue reading Letts, Regina (on The Application of) v The Lord Chancellor and Another: Admn 20 Feb 2015
molaudi_modEAT11 EAT JURISDICTIONAL POINTS The Claimant sought to bring a claim for racial discrimination against the defendant relating to events which occurred while the Claimant was a serving soldier. He had previously made a complaint about the same matters to the military authorities, which was not brought in time and which was rejected. The Employment … Continue reading Molaudi v Ministry of Defence: EAT 15 Apr 2011
hmlr_grantEAT10 EAT SEXUAL ORIENTATION DISCRIMINATION/TRANSEXUALISMHARASSMENT – ConductPRACTICE AND PROCEDURE – Appellate Jurisdiction /Reasons /Burns-BarkeAn Employment Tribunal accepted that 6 out of 12 complaints of discrimination, and 5 out of 12 of unlawful harassment, were made out. None of the acts complained of, save possibly one, was obviously and intrinsically discriminatory. Each finding relied on the … Continue reading HM Land Registry v Grant: EAT 15 Apr 2010
The claimant had previously succeeded in a claim of sex discrimination against the University, her former employer. She now appealed against rejection of her claims alleging later victimisation. Held: Two appeals succeed, and those matters remitted to the tribunal for reconsideration: ‘I do not see why not: if the appellant were able to establish that … Continue reading Deer v University of Oxford: CA 6 Feb 2015
The deceased soldier died of heat exhaustion whilst on active service in Iraq. It was said that he was owed a duty under human rights laws, and that any coroner’s inquest should be a fuller one to satisfy the state’s duty under Article 2. Held: The SSD’s appeal succeeded. ‘jurisdiction’ within the meaning of Article … Continue reading Smith, Regina (on The Application of) v Secretary of State for Defence and Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening): SC 30 Jun 2010
EAT DISABILITY DISCRIMINATION The Claimant was a bus driver who suffered from Type 2 diabetes which he controlled largely by avoiding sugary drinks. The Employment Tribunal held that he was disabled within the meaning of the Equality Act 2010. The Employment Appeal Tribunal allowed the appeal on the basis that the Employment Tribunal had misapprehended … Continue reading Metroline Travel Ltd v Stoute (Debarred) (Disability Discrimination): EAT 26 Jan 2015
EAT Disability Discrimination – Section 15 HARRASSMENT UNFAIR DISMISSAL – Constructive dismissal Equality Act 2010 (‘EqA’) sections 15 (unfavourable treatment because of something arising in consequence of disability) and 26 (harassment) Employment Rights Act 1996 sections 95(1)(c) (constructive dismissal) and 98 (unfair dismissal) On the Claimant’s claims of discrimination under sections 15 and 26 EqA … Continue reading Private Medicine Intermediaries Ltd v Hodkinson and Another: EAT 15 Jan 2016
The charity appealed against refusal of permission to amend its charitable objects as set out in the memorandum of association. The charity was successful as an adoption agency particularly in placing children who would otherwise have had difficulty finding a home, following the principles of the Roman Catholic Church, and it wanted to restrict its … Continue reading Catholic Care (Diocese of Leeds) v Charity Commission for England and Wales and Another: ChD 17 Mar 2010
The employee renewed his application for leave to appeal against refusal of his discrimination claim on the grounds of religious belief. He worked as a relationship sex therapist, and had signed up to the employer’s equal opportunities policy, but felt that his Christian beliefs required him not to work to assist same sex couples where … Continue reading McFarlane v Relate Avon Ltd: CA 29 Apr 2010
Disability Discrimination : Section 15 – ‘I allowed an appeal against the dismissal of the Claimant’s claim of discrimination contrary to section 15 of the Equality Act 2010. I held that the Employment Tribunal had erred in its interpretation of . .
Permission to amend the notice of appeal was granted. The appeals, as amended, were allowed in part.
The EAT’s earlier decision in Timothy James Consulting Ltd v Wilton [2015] IRLR 368 had been decided per incuriam – European Directives and . .
The court was asked as to the duty of local housing authorities towards homeless people who claim to be ‘vulnerable’, and therefore to have ‘a priority need’ for the provision of housing accommodation under Part VII of the Housing Act 1996. Those . .
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
DISABILITY DISCRIMINATION – Justification DISABILITY DISCRIMINATION – Burden of proof The Respondent employer appealed against a decision of the Employment Tribunal (‘ET’) that the Respondent has discriminated against the Claimant on grounds of her disability, contrary to section 15 of the Equality Act 2010. The Employment Appeal Tribunal (‘EAT’) dismissed the appeal. The EAT held … Continue reading DL Insurance Services Ltd v O”Connor: EAT 23 Feb 2018
EAT Disability Discrimination – Section 15 DISABILITY DISCRIMINATION – Justification UNFAIR DISMISSAL – Reasonableness of dismissal Appeal Disability discrimination – unfavourable treatment because of something arising from the consequences of disability – justification – section 15 Equality Act 2010 (‘EqA’) The Claimant – Head of English at a secondary comprehensive school operated by the Respondent … Continue reading City of York Council v Grosset: EAT 1 Nov 2016
The claimant argued that the pension scheme of his defendant former employers was discriminatory. As a final salary scheme he would receive a lower payment having had to take early ill health retirement. Helld: His appeal failed: ‘No authority was cited to us to support the view that a disabled person who is treated advantageously … Continue reading Williams v Swansea University Pension and Assurance Scheme Swansea University: CA 14 Jul 2017
The appellant complained of disability discrimination. He retired early suffering Tourette’s syndrome. He had worked part time, and the parties now disputed his pension entitlements. Held: The appeal failed. Lord Kerr, Lord Carnwath, Lord Hodge, Lady Black, Lord Kitchin [2018] UKSC 65 Bailii, Bailii Summary Equality Act 2010 15(1) England and Wales Citing: Cited – … Continue reading Williams v The Trustees of Swansea University Pension and Assurance Scheme and Another: SC 17 Dec 2018
EAT Disability Discrimination : Justification – PRACTICE AND PROCEDURE – Bias, misconduct and procedural irregularity C was a consultant psychiatrist. A report by the National Clinical Assessment Service identified clinical and communication deficiencies and recommended that the C and his employing Trust agree a remediation programme to enable him to retrain for his consultant position. … Continue reading Islam v Abertawe Bro Morgannwg Local Health Board: EAT 12 Jun 2014
EAT Disability Discrimination : Disability Related Discrimination The Claimant was dismissed on health grounds based on depression which was a disability. The Employment Tribunal found that the dismissal was unfair because the letter inviting her to a meeting to discuss capability was, because of an HR error, expressed to be an invitation to a disciplinary … Continue reading Crime Reduction Initiatives v Lawrence: EAT 17 Feb 2014
Housing Orthodox Jewish Only not Discriminatory Hackney had statutory housing functions as to allocating social housing. It also nominated applicants to properties owned by housing associations, including AIHA, which only accepted for such nominations households belonging to the Orthodox Jewish community. Hackney identified the First Appellant (Z), who is not a member of the Orthodox … Continue reading Z and Another, Regina (on The Application of) v Hackney London Borough Council and Another: SC 16 Oct 2020
EAT Disability Discrimination: Detriment – DISABILITY DISCRIMINATION – Reasonable adjustments DISABILITY DISCRIMINATION – Section 15 Disability discrimination – ‘detriment’ – failure to make reasonable adjustments (sections 20 and 21 Equality Act 2010) – discrimination arising from the consequences of disability (section 15 Equality Act). The ET had found for the Claimant on her claims of … Continue reading Greenslade v Next Distribution Ltd: EAT 18 Jan 2016
The Claimant, who was disabled within the meaning of the Equality Act 2010, was dismissed by the Respondent whilst on sickness absence. An Employment Tribunal found that the Claimant had been unfairly dismissed, contrary to the provisions of the Employment Rights Act 1996. The Tribunal also upheld the Claimant’s claim that her dismissal constituted disability … Continue reading Department of Work and Pensions v Boyers (Disability Discrimination): EAT 24 Jun 2020
An ET held that the dismissal of an employee who had been on long-term sickness absence was not unfair. However, it also held that the dismissal constituted unfavourable treatment because of something arising in consequence of disability pursuant to Section 15 of the Equality Act 2010. Such an outcome is possible, as a matter of … Continue reading Iceland Foods Ltd v Stevenson (Unfair Dismissal – Disability Discrimination): EAT 13 Feb 2020
Dr M had successfully challenged her dismissal and recovered damages for unfair dismissal and race discrimination. In the interim, Her employer HA had reported the dismissal to the respondent who continued their proceedings despite the decision in her favour. The GMC now said that the availability of judicial review excluded her right to commence proceedings … Continue reading Michalak v General Medical Council and Others: SC 1 Nov 2017
AGE DISCRIMINATION 1. The Employment Tribunal did not err in law in its construction of section 61 of the Equality Act 2010 or its impact on the availability of the defence provided by paragraph 1(1) of Schedule 22 of that Act. 2. Section 61 prohibits the Appellants from acting in a manner which discriminates on … Continue reading London Fire Commissioner and Others v Sargeant and Others (Age Discrimination): EAT 12 Feb 2021
The claimants claimed equal pay, asserting use of particular comparators. The Trust said that there was a genuine material factor justifying the difference in pay. Held: To constitute a single source for the purpose of article 141, it is not enough for the non-RVI claimants to show that they have the same employer as the … Continue reading Armstrong and others v Newcastle Upon Tyne NHS Hospital Trust: CA 21 Dec 2005
The claimant, a 15 year old boy,alleged that his detention in the cells at a Magistrates court when facing a charge of breach of bail conditions was a breach of his human rights and under the 1933 and 2010 Acts. Held: In the particular circumstances there was a breach of the 1933 Act, but not … Continue reading T, Regina (on The Application of) v Secretary of State for Justice and Another: Admn 3 May 2013
