The claimant had lodged an appeal against a rejection of her claim of sex discrimination, and against the amount of damages awarded on the success of her claim of unfair dismissal. After rejection of her request for a review, her counsel had lodged a letter withdrawing her appeal. She then received a reply from the European Commission suggesting that her claim of sex discrimination, based upon her dismissal for becoming pregnant by a Roman Catholic Priest, may indeed have been discriminatory.
Held: The view taken by the tribunal was not obviously correct, and the interests of justice required the arguments to be explored. The review was re-instated.
Mummery J P
[1995] UKEAT 561 – 95 – 1210
Bailii
England and Wales
Citing:
Cited – Flint v Eastern Electricity Board EAT 1975
The employee had failed to mention at the hearing of his claim for a redundancy payment a fact which was arguably highly material to the issue of whether his refusal of alternative employment was reasonable; and his claim had been dismissed. He . .
Cited – Webb v EMO Air Cargo ECJ 14-Jul-1994
Community Law protects women from dismissal during pregnancy save in exceptional circumstances. It was discriminatory to dismiss a female not on a fixed term contract for pregnancy. The Court rejected an interpretation of the Directive that would . .
Cited – Habermann-Beltermann v Arbeiterwohlfahrt ECJ 5-May-1994
ECJ Article 2(1) and (3), read in conjunction with Articles 3(1) and 5(1) of Council Directive 76/207/EEC on the implementation of the principle of equal treatment for men and women as regards access to . .
Cited by:
See Also – O’Neill v Governors of St Thomas More Roman Catholic Voluntary Aided Upper School EAT 7-Jun-1996
The dismissal by a Roman Catholic school of a teacher who was pregnant by a priest, was on the grounds of pregnancy, and for an inadmissible reason. The pregnancy was an effective cause of the adverse treatment of the Appellant by her employer. . .
See Also – O’Neill v Governors of St Thomas More RC School and Another EAT 24-May-1996
The claimant had been dismissed as a teacher by the respondent Roman Catholic school after she became pregnant by a priest. She had been found to have been unfairly dismissed, but the tribunal had rejected her claim of discrimination for pregnancy. . .
Lists of cited by and citing cases may be incomplete.
Employment, Discrimination
Updated: 18 December 2021; Ref: scu.209398
