EAT Unfair Dismissal : MATERNITY RIGHTS AND PARENTAL LEAVE – Unfair dismissal
Unfair dismissal, sex and maternity discrimination. The Claimant was employed by the Respondent from 2006 to 2011. The Respondent claimed that she was redundant and dismissed her at a time when she was on maternity leave. The Employment Tribunal found that she was unfairly dismissed and that she had been discriminated against by reason of her sex and because she was on maternity leave. The Respondent appealed on the basis that the ET had failed to give reasons for its decisions; had substituted its own judgment for that of the Respondent; had failed to explain what discriminatory acts that it had found, and had failed to apply the law in regard to the burden of proof.
Held: the ET had erred in law by failing to give adequate reasoning for its decisions. The case it will be remitted to a fresh Tribunal to be heard again.
Lady Stacey
[2014] UKEAT 0078 – 13 – 2102
Bailii
England and Wales
Employment
Updated: 30 November 2021; Ref: scu.521650