The claimant appealed against dismissal of her unfair dismissal and of her maternity related discrimination claim.
Held: The appeal succeeded: ‘it does not appear that the tribunal gave any separate consideration to whether the pregnancy was an effective cause of the adverse treatment of Mrs Gbokoyi and, insofar as it relied on the reasons which it had set out for rejecting the unfair dismissal claim, those reasons were flawed.’
Judges:
Mr Recorder Burke QC
Citations:
[2002] UKEAT 1282 – 00 – 1801, EAT/1282/00
Links:
Jurisdiction:
England and Wales
Citing:
Leave – Gbokoyi v Bennette’s Eco-Inverter (Environmental Services) Ltd EAT 22-Mar-2001
Preliminary hearing – leave to appeal granted . .
Cited – King v Great Britain China Centre CA 1991
The court considered the nature of evidence which will be available to tribunals considering a race discrimination claim.
Held: A complainant must prove his or her case on the balance of probabilities, but it is unusual to find direct evidence . .
Cited – Webb v EMO Air Cargo (UK) Ltd (No 2) HL 20-Oct-1995
The applicant complained that she was dismissed when her employers learned that she was pregnant.
Held: 1(1) (a) and 5(3) of the 1975 Act were to be interpreted as meaning that where a woman had been engaged for an indefinite period, the fact . .
Cited – O’Neill v Symm and Co Ltd EAT 10-Jun-1998
An employer dismissing an employee for sickness absences, and who was unaware that the sickness had come to be a disability, did not discriminate under the Act. The reason for the dismissal was to be looked for in the mind of the employer. . .
Lists of cited by and citing cases may be incomplete.
Employment, Discrimination
Updated: 13 June 2022; Ref: scu.202426