EAT PRACTICE AND PROCEDURE – Bias, misconduct and procedural irregularity
MATERNITY RIGHTS AND PARENTAL LEAVE – Pregnancy
UNFAIR DISMISSAL – Contributory fault
The Employment Tribunal which found in favour of the Claimant in part did not show apparent bias on five grounds, although it made errors of fact on two of them. Observations disapproving the Respondent’s showing the Judge an offer of settlement before judgment.
The Claimant’s case was that gossip about her pregnancy following her conduct after the solicitors’ Christmas party was spread by the HR manager, which the Respondent failed to control. It constituted sex discrimination and pregnancy related discrimination. The Employment Tribunal’s judgment to the contrary was set aside.
The judgment in her favour on constructive unfair dismissal was correct but the Employment Tribunal was wrong to reduce compensation by 90%. Post-dismissal conduct is not relevant to Employment Rights Act 1996 ss 122 and 123.
The appeal was allowed in part, the cross appeal dismissed. Remitted to the same Employment Tribunal to determine remedies for detriment by sex discrimination, and for unfair dismissal.
Judges:
McMullen QC J
Citations:
[2010] UKEAT 0108 – 10 – 0608
Links:
Employment, Discrimination
Updated: 25 August 2022; Ref: scu.425014