Bivonas Llp and Others v Bennett: EAT 31 Jan 2012


EAT Sexual Orientation Discrimination or Transexualism – The Employment Tribunal correctly applied the law relating to detriment in a case of sexual orientation discrimination; see Shamoon v Chief Constable of the Royal Ulster Constabulary [2003] ICR 337. The Tribunal also made adequate findings of fact before reversing the burden of proof; see Igen v Wong [2005] IRLR 258. Appeal dismissed.

Birtles J
[2011] UKEAT 0254 – 11 – 3101
England and Wales
CitedShamoon v Chief Constable of the Royal Ulster Constabulary HL 27-Feb-2003
The applicant was a chief inspector of police. She had been prevented from carrying out appraisals of other senior staff, and complained of sex discrimination.
Held: The claimant’s appeal failed. The tribunal had taken a two stage approach. It . .
CitedIgen Ltd v Wong CA 18-Feb-2005
Proving Discrimination – Two Stage Process
Each appeal raised procedural issues in discrimination cases, asking where, under the new regulations, the burden of proof had shifted.
Held: The new situation required a two stage process before a complaint could be upheld. First the claimant . .

Lists of cited by and citing cases may be incomplete.

Employment, Discrimination

Updated: 01 November 2021; Ref: scu.450525