Olayemi v Athena Medical Centre: EAT 8 Apr 2014

EAT Sex Discrimination : Burden of Proof – UNLAWFUL DEDUCTION FROM WAGES
The Employment Tribunal found that the Appellant was unfairly dismissed and discriminated against by reason of her sex. The Appellant’s claims for unlawful deduction of wages failed. The Appellant and the Respondent both appealed.
The EAT dismissed the Respondent’s appeal that the ET had erred (1) in its approach to the burden of proof when considering the complaints of discrimination: Hewage v Grampian Health Board [2012] ICR 1054 applied; and (2) in finding that deductions from the Appellant’s wages were made in breach of contract: Sim v Rotherham MBC [1987] ICH 216 applied. The Respondent failed to show the reason why there was reduced or no work and that it involved a breach of contract by the Appellant. However ET erred in failing to restrict its decision on harassment to the matters identified in the Agreed List of Issues.
Appellant’s appeal against unlawful deduction of wages from May 2007 succeeded and issue of quantum remitted to the ET for determination.

Supperstone J
[2014] UKEAT 0221 – 11 – 0804
England and Wales

Employment, Discrimination

Updated: 02 December 2021; Ref: scu.523585