No ET Jurisdiction for Non-employment claim
The claimant appealed against rejection of her claim for discrimination which she had brought in the Employment Tribunal rather than the County Court.
Held: The appeal failed: ‘if a body is a governing body of a university this displaces its status as a qualification body. It follows that the Appellant’s claim could only be brought in the county court and that the ET has no jurisdiction.’
Lord Justice Bean
[2020] EWCA Civ 1526, [2020] WLR(D) 612
Bailii, WLRD
England and Wales
Citing:
Cited – Curless v Shell International Ltd CA 22-Oct-2019
‘The central issue on this appeal is whether the Employment Tribunal was correct to order on a preliminary hearing that two paragraphs of the disability discrimination and victimisation claim of the respondent should be struck out on the ground that . .
Cited – Burke v The College of Law and Another CA 3-Feb-2012
. .
Cited – Charman v WOC Offshore DV 1983
Hirst considered articles 11 and 12(5) of Brussels Convention on jurisdiction and the words ‘in so far as it covers one or more of the risks’ meant ‘to the extent that it covers one or more of the risks’.
The words ‘in so far as it covers one . .
Cited – Charman v WOC Offshore DV CA 2-Jan-1993
Staughton LJ, giving the leading judgment in this court said: ‘Once one has reached the conclusion that the words ‘and no other’ are necessarily implied in Article 12(5) the problem disappears. There is no need to decide the point which was so . .
Cited – Blackwood v Birmingham and Solihull Mental Health NHS Foundation Trust CA 23-Jun-2016
The Appellant claimed to have suffered indirect sex discrimination in connection with a work placement which she was offered as part of her studies to become a nurse, and she brought proceedings in the Employment Tribunal. The issue raised by this . .
Lists of cited by and citing cases may be incomplete.
Discrimination, Litigation Practice
Updated: 01 November 2021; Ref: scu.655663