Lisboa v Realpubs Ltd and Others: EAT 11 Jan 2011


Whether Respondent’s policy of encouraging a wider clientele at a formerly gay pub involved less favourable treatment of gay customers causing the Claimant to resign in circumstances amounting to discriminatory constructive (and wrongful) dismissal, applying principles in Showboat, approved in Wethersfield v Sargent.
Employment Tribunal fell into error in focussing on the (legitimate) commercial aims of the Respondent and not the potential discriminatory effect of the implementation of the policy.
Appeal allowed and finding of no discriminatory dismissal reversed. Remitted on remedy to fresh Employment Tribunal.

Peter Clarke J
[2011] UKEAT 0224 – 10 – 1101
Employment Equality (Sexual Orientation) Regulations 2003, Employment Rights Act 1996 98, Equality Act (Sexual Orientation) Regulations 2007 3 4
CitedShowboat Entertainment Centre v Owens EAT 28-Oct-1983
The employer had dismissed an employee who had refused to comply with a discriminatory instruction by the employer to exclude blacks from the employer’s amusement centre. The tribunal at first instance had found that that was a dismissal ‘on racial . .
CitedQureshi v Victoria University of Manchester EAT 21-Jun-1996
The Industrial Tribunal only has jurisdiction to consider and rule upon the act or acts of which complaint is made to it. The questions on a complaint of race discrimination are: (a) Did the act complained of actually occur? (b) If the act . .
CitedDr Anya v University of Oxford and Another CA 22-Mar-2001
Discrimination – History of interactions relevant
When a tribunal considered whether the motive for an act was discriminatory, it should look not just at the act, but should make allowance for earlier acts which might throw more light on the act in question. The Tribunal should assess the totality . .
CitedNottinghamshire County Council v Meikle CA 8-Jul-2004
The claimant was a teacher who had come to suffer a sight disability. She complained that her employers had failed to make reasonable accomodation for her disability, and subsequently she resigned claiming constructive dismissal and damages for . .
CitedAbbycars (West Horndon) Ltd v Ford EAT 23-May-2008
EAT UNFAIR DISMISSAL: Constructive Dismissal
Employment Tribunal found that the claimant was entitled to resign and claim constructive dismissal. It was conceded that if there were a constructive dismissal, . .
CitedDeman v Victoria University of Manchester and others EAT 24-Jun-2008
If a Tribunal considers that the conduct of the proceedings by a party or his representative has been vexatious, abusive, disruptive or unreasonable, the Tribunal is under . .

Lists of cited by and citing cases may be incomplete.

Employment, Discrimination

Updated: 09 November 2021; Ref: scu.427954