EAT UNFAIR DISMISSAL – Reason for dismissal including substantial other reason
JURISDICTIONAL POINTS – Worker, employee or neither
There was no evidence that would justify the decision of the Employment Tribunal that the Claimant had raised a prima facie case of discrimination such as to bring into play the reverse burden of proof in s.63A of the Sex Discrimination Act.
Although the ET rejected the Respondent’s explanation for the Claimant’s dismissal (redundancy) it found that the reason for her dismissal was her refusal to work from her office, as opposed to her home. Accordingly the finding of direct sex discrimination by the ET could not stand.
The decision of the ET that the Claimant was an employee throughout the relevant period was correct on the facts before it, and its self direction as to the relevant law was impeccable.
Judges:
Serota QC J
Citations:
[2012] UKEAT 0307 – 11 – 1405
Links:
Jurisdiction:
England and Wales
Employment
Updated: 31 October 2022; Ref: scu.459938