EAT Debarred – Unfair Dismissal: Constructive Dismissal – DISABILITY DISCRIMINATION – Reasonable adjustments The Employment Tribunal did not err in determining the claim for failing to make reasonable adjustments. They did not reach their decision on a different basis from that which the Claimant raised with her employer and set out in her Particulars of … Continue reading Lowmoore Nursing Home Ltd v Smith: EAT 21 Jun 2016

EAT Sex Discrimination : Comparison – Justification The Employment Tribunal did not err in deciding that a provision criterion or practice (‘PCP’) which required train drivers employed by the First Respondent to work at least 50% of their roster and on a number of Saturdays put women at a particular disadvantage. They correctly based their … Continue reading XC Trains Ltd v CD and Others: EAT 28 Jul 2016

EAT JURISDICTIONAL POINTS – Extension of time: just and equitable UNFAIR DISMISSAL – Reasonableness of dismissal The Employment Tribunal did not err in law in its application of section 123(1) of the Equality Act 2010. It did not err in law, nor was it perverse, in deciding that the Claimant was unfairly dismissed. David Richardson … Continue reading Vodafone Ltd v Winfield (Jurisdictional Points: Extension of Time: Just and Equitable): EAT 25 Apr 2016

EAT RACE DISCRIMINATION – Comparison An Employment Tribunal considered 28 matters said to amount to acts of race discrimination, arising in relation to the employment of the Claimant as a solicitor for the Defendant council. In respect of each it asked if it had caused a detriment, but did not enquire if it was an … Continue reading Essex County Council v Jarrett (Race Discrimination): EAT 4 Nov 2015

VICTIMISATION DISCRIMINATION VICTIMISATION DISCRIMINATION – Protected disclosure SEX DISCRIMINATION – Post employment TRANSFER OF UNDERTAKINGS The Claimant left the service of Greater Manchester Police Authority (‘GMPA’), having agreed a settlement of claims of sex discrimination against it. Eighteen months later, in accordance with the Police Reform and Social Responsibility Act (‘PRSRA’), the GMPA ceased to … Continue reading Butterworth v The Police and Crime Commissioner’s Office for Greater Manchester and Another (Victimisation Discrimination): EAT 16 Nov 2015

EAT Equality Act 2010 sections 5, 13(1) and (2), 23 and 39(2)(d) Direct age discrimination – different treatment of those aged over 50. Held: Allowing the appeal. (1) The ET had erred in its approach to the question of comparison; wrongly relying on the differences attributable to the ages of the Claimant and his comparators … Continue reading Donkor v The Royal Bank of Scotland (Age Discrimination) (Rev 1): EAT 16 Oct 2015

EAT HARASSMENT – Conduct HARASSMENT – Purpose Equality Act 2010 sections 13(1), 23 and 26 In circumstances in which the Claimant had been instructed not to speak Russian in the workplace, had the Employment Tribunal erred in dismissing her claims of direct race (national origins) discrimination and/or harassment related to her race (national origins)? Held: … Continue reading Kelly v Covance Laboratories Ltd (Race Discrimination: Direct): EAT 20 Oct 2015

EAT Unfair Dismissal: Reasonableness of Dismissal – DISABILITY DISCRIMINATION – Whether the Employment Tribunal, in requiring direct connection to be established between disability and conduct which led to dismissal misinterpreted section 15 Equality Act 2010 and so to conclude that dismissal was not unfair. Appeal allowed – remitted to the Employment Tribunal for redetermination. Mitting … Continue reading Risby v London Borough of Waltham Forest: EAT 18 Mar 2016

Practice and Procedure: Appellate Jurisdiction/Reasons/Burns-Barke – PRACTICE AND PROCEDURE – Perversity PRACTICE AND PROCEDURE – Disposal of appeal including remission UNFAIR DISMISSAL – Constructive dismissal DISABILITY DISCRIMINATION – Reasonable adjustments Bias – perversity – inadequacy of reasons Incorrect approach to disability discrimination/reasonable adjustments claim under sections 20 and 21 Equality Act 2010 and in approach … Continue reading R v W: EAT 27 Jan 2016

(Disability Discrimination: Disability) The Claimant was employed as a picker in a distribution centre. It was his job to select cases and to lift and move cases by hand for loading onto pallet trucks. Following a car accident he developed a back condition: it was common ground that the back condition was a long-term physical … Continue reading Banaszczyk v Booker Ltd: EAT 1 Feb 2016

EAT (Maternity Rights and Parental Leave) Sex discrimination A pregnant employee refused to enter a salary sacrifice scheme operated by the Respondent under which childcare vouchers were provided because its terms required her to agree that during periods of maternity leave the entitlement to vouchers for which salary would be sacrificed would be suspended. An … Continue reading Peninsula Business Services Ltd v Donaldson: EAT 9 Mar 2016

EAT (Practice and Procedure: Striking-Out/Dismissal) UNLAWFUL DEDUCTION FROM WAGES AGE DISCRIMINATION The ET struck out the Claimant’s claims of unauthorised deductions and age discrimination after receiving written submissions from the parties. Specifically, it found the Respondent’s only contractual obligation was to provide an insured long-term disability scheme, the benefits to be provided by the insurer … Continue reading Smith v Gartner UK Ltd: EAT 8 Mar 2016

Jurisdictional Points : Working Outside The Jurisdiction – Identity of employer: the claimant had a contract dated 1998 with a company, said no longer to exist. The respondents admitted that he was employed but there was a dispute by whom. The ET found that he was employed by the fourth respondent. It was argued by … Continue reading Wittenberg v Sunset Personnel Services Ltd and Others: EAT 21 Nov 2013

JURISDICTIONAL POINTS – Claim in time and effective date of termination DISABILITY DISCRIMINATION – Direct disability discrimination PRACTICE AND PROCEDURE – Costs Equality Act 2010 limitation. No express finding by the Employment Tribunal on a late point raised by the Respondent below. However, it is plain that there was a ‘continuing act’ which rendered all … Continue reading Fenn (T/A Powercutz) v Schreeve (Jurisdictional Points: Continuity of Employment): EAT 2 Oct 2015

EAT Practice and Procedure : Amendment 1 The Employment Tribunal (ET) struck out a claim under the Equality Act 2010 section 15 as having no reasonable prospects of success. It found that there were no pleadings from which it could be found that the unfavourable act complained of, namely dismissal, amounted to the respondent treating … Continue reading Kelso v Department for Work and Pensions: EAT 29 Oct 2015

EAT Race Discrimination : Direct – RACE DISCRIMINATION – Detriment Discrimination on grounds of race – Subjecting an employee to a detriment – Failure to investigate allegation of misconduct – Less favourable treatment on grounds of race – Allegation fabricated – Whether capable of amounting to a detriment The Appellant company employed the First Respondent … Continue reading Cordant Security Ltd v Singh and Another: EAT 27 Oct 2015

EAT Sex Discrimination: Indirect PART TIME WORKERS – PRACTICE AND PROCEDURE – Costs Indirect Sex Discrimination – Equality Act 2010 section 19 On the indirect sex discrimination claim it was agreed that the Employment Tribunal (‘the ET’) erred in the identification of the pool for comparison. To that extent the appeal would be allowed. Applying … Continue reading Rajaratnan v Care UK Clinical Services Ltd: EAT 2 Jul 2015

EAT Unfair Dismissal: Reason for Dismissal Including Substantial Other Reason – DISABILITY DISCRIMINATION – Disability related discrimination – CONTRACT OF EMPLOYMENT – Wrongful dismissal The Employment Tribunal was entitled to find that the Claimant’s dismissal, albeit procedurally unfair, was substantively fair by reason of his misconduct, notwithstanding a separate finding that his demotion constituted discrimination … Continue reading Rochford v WNS Global Services (UK) Ltd and Others: EAT 24 Sep 2015

EAT AGE DISCRIMINATION – On a Preliminary Hearing to determine whether the Employment Tribunal has jurisdiction to hear age discrimination claims by pensioners that they were not paid lump sums in respect of a change in the basis for pension increases which were made to current employees, the Employment Judge failed to consider whether the … Continue reading Ford Motor Company Ltd v Elliott and Others: EAT 24 Sep 2015

EAT Unfair Dismissal : Reasonableness of Dismissal DISABILITY DISCRIMINATION – Direct disability discrimination 1. The Respondent is a publicly funded independent school with approximately 1,200 pupils aged eight to 18 and is successor to a school administered by the local authority. The academy is what might be regarded as an ‘urban’ school. Its catchment area … Continue reading Bolton St Catherine’s Academy v O’Brien: EAT 18 Sep 2015

EAT UNFAIR DISMISSAL – Retirement The Tribunal addressed the fairness of a ‘retirement’ dismissal under ordinary unfair dismissal principles pursuant to section 98 Employment Rights Act 1996 (ERA) and failed to consider whether or not there was compliance with the continuing notification duty in paragraph 4 of Schedule 6 of the Employment Equality (Age) Regulations … Continue reading Evbenata v South West London and St George’s Mental Health NHS Trust (Unfair Dismissal: Retirement): EAT 28 Oct 2014

Disability Discrimination: Disability Related Discrimination The Respondent was introducing a new shift pattern and seeking volunteers for redundancy. It was concerned whether by reason of the Claimant’s type 1 diabetes she was fit to work the new shift pattern and had commissioned a report on this question. The Claimant was unable to decide whether to … Continue reading T-Systems Ltd v Lewis: EAT 22 May 2015

EAT TRANSFER OF UNDERTAKINGS TRANSFER OF UNDERTAKINGS – Objection to Transfer PRACTICE AND PROCEDURE PRACTICE AND PROCEDURE – Striking out/Dismissal An employee whose disabilities were such that she worked 8.5 hours per week for her employer was part of a service which was to be taken over by NHS Direct NHS Trust (now known as … Continue reading NHS Direct NHS Trust (Now Known As South Central) v Gunn (Transfer of Undertakings : Objection To Transfer): EAT 14 May 2015

EAT Disability Discrimination: Reasonable Adjustments – The disabled Claimant transferred to a role (A) for which, after delay, reasonable adjustments were made. Following mediation the Respondent ordered her transfer to role (B) which she never took up prior to medical retirement. The Employment Tribunal held transfer to (B) represented a breach of section 21 Equality … Continue reading Chief Constable of West Yorkshire v Farrand: EAT 13 Feb 2015

EAT Race Discrimination: Indirect – This is an appeal against a decision of the employment tribunal dismissing a claim for indirect discrimination. The case concerned the remuneration paid to different categories of members of the Parole Board. For a period between November 2009 and 1 April 2014, the Secretary of State determined that retired judges … Continue reading Greenland v Secretary of State for Justice: EAT 28 Jan 2015

EAT Sex Discrimination – Continuing act – Direct – Comparison – The Claimant’s appeal The Claimant was employed by the Second Respondent (R2); her employment was transferred under TUPE to the First Respondent (R1). The Third Respondent (R3) was employed by R2. He carried out harassment of the Claimant before and after the TUPE transfer. … Continue reading Vernon v Azure Support Services Ltd and Others: EAT 11 Nov 2014

EAT Unfair Dismissal – Conduct – Section 98(2)(b) Employment Rights Act 1996 In a case where the Claimant had committed (admitted) assaults in the workplace because of his disability (he suffers from a paranoid schizophrenic illness), the ET found that the Respondent had dismissed him because of his having committed acts of gross misconduct and … Continue reading Burdett v Aviva Employment Services Ltd: EAT 14 Nov 2014

EAT Jurisdictional Points : Worker, Employee or Neither – Whether the Claimants, when providing their services to the Respondent as interpreters, were employees within the meaning of s.83(2)(a) Equality Act 2010, and in particular whether, when providing those services they were employed under a contract personally to do work. In finding that they were not, … Continue reading Windle v Arada and Another: EAT 16 Sep 2014

EAT Jurisdictional Points : Worker, Employee or Neither – Whether the Claimants, when providing their services to the Respondent as interpreters, were employees within the meaning of s.83(2)(a) Equality Act 2010, and in particular whether, when providing those services they were employed under a contract personally to do work. In finding that they were not, … Continue reading Arada v Windle and Another: EAT 16 Sep 2014