McGrath v Ministry of Justice: EAT 27 Feb 2015

mcgrath_MOJEAT201502

EAT Practice and Procedure : Bias, Misconduct and Procedural Irregularity – Part Time Workers
Part-Time Worker discrimination claim. The Claimant, an Employment Tribunal lay member, sought to compare himself to a full-time salaried Employment Judge. That comparator was rejected by an Employment Judge sitting alone and the claim dismissed.
On appeal by the Claimant, a full division (a) rejected a complaint that the Employment Judge had decided the point based on his own experience rather than the evidence before him, and (b) that in any event the decision was plainly and unarguably correct given the differences as well as the similarities between the two roles.

Peter Clark HHJ
[2015] UKEAT 0247 – 14 – 2702
Bailii
England and Wales

Employment, Legal Professions

Updated: 31 October 2021; Ref: scu.543901