The applicant was a chief inspector of police. She had been prevented from carrying out appraisals of other senior staff, and complained of sex discrimination.
Held: The claimant’s appeal failed. The tribunal had taken a two stage approach. It had asked first whether there had been less favourable treatment, and then asked why there had been the treatment. This procedure will not always work, and it had not worked here. The first issue could not always be resolved without also investigating the second. Had the tribunal done that it would have seen that the cases of the proposed comparators were not in fact comparable, and that therefore no discrimination was shown. The chief inspector had suffered a ‘detriment’ when the right to carry out appraisals was removed from her, but not this had not been for a discriminatory reason.
Lord Hope of Craighead said: ‘one must take all the circumstances into account. This is a test of materiality. Is the treatment of such a kind that a reasonable worker would or might take the view that in all the circumstances it was to his detriment? An unjustified sense of grievance cannot amount to ‘detriment”
Lord Nicholls of Birkenhead Lord Hope of Craighead Lord Hutton Lord Scott of Foscote Lord Rodger of Earlsferry
[2003] UKHL 11, Times 04-Mar-2003, [2003] ICR 337, Gazette 10-Jul-2003, [2003] IRLR 285, [2003] 2 All ER 26, [2003] NI 174
House of Lords, Bailii
Sex Discrimination (Northern Ireland) Order 1976 (1976 No 1042 NI)
England and Wales
Citing:
Appeal from – Shamoon v Chief Constable of the Royal Ulster Constabulary CANI 3-May-2001
Emplaw In sex and race discrimination cases an employee must generally be able to show that he or she has been treated less favourably than a person of the opposite sex who is in comparable circumstances. If . .
Cited – Chief Constable of West Yorkshire Police v Khan HL 11-Oct-2001
The claimant was a police sergeant. After many years he had not been promoted. He began proceedings for race discrimination. Whilst those were in course, he applied for a post elsewhere. That force wrote to his own requesting a reference. In the . .
Cited – Regina v Immigration Appeal Tribunal, Ex parte Kassam CA 1980
Discrimination was alleged against the immigration authorities.
Held: In dealing with people coming in under the immigration rules, the immigration authorities were not providing ‘services’ within the meaning of the Act. The words the . .
Cited – Bain v Bowles CA 1991
The Lady magazine had no defence to a complaint by a man whose advertisement for a housekeeper in Tuscany they had refused to accept. Following past complaints of sexual harassment, the magazine’s policy was to accept such advertisements only where . .
Cited – Coker and Osamor v The Lord Chancellor and the Lord Chancellor’s Department CA 22-Nov-2001
The Lord Chancellor’s action in appointing to a special adviser’s post someone he already knew and trusted, without first advertising the post openly, was not an act of sex or race discrimination. Had they applied, they would not have been appointed . .
Cited – Barclays Bank Plc v Kapur and Others (No 2) CA 1995
An unjustified sense of grievance cannot amount to a detriment in discrimination law. . .
Cited – King v Great Britain China Centre CA 1991
The court considered the nature of evidence which will be available to tribunals considering a race discrimination claim.
Held: A complainant must prove his or her case on the balance of probabilities, but it is unusual to find direct evidence . .
Cited – Chief Constable of the RUC v A CANI 2000
The court set down tests for what was ‘less favourable treatment’ under the Act. The court had to regard as relevant those circumstances on which a reasonable person would place some weight in determining how to treat another. . .
Cited – Ministry of Defence v Jeremiah CA 1980
The court considered the meaning of ‘detriment’ in discrimination law. Brightman LJ said: ‘I think a detriment exists if a reasonable worker would or might take the view that the duty was in all the circumstances to his detriment.’
Lord Justice . .
See Also – Shamoon v Chief Constable of the Royal Ulster Constabulary CANI 28-Jun-2001
. .
Cited by:
Cited – MacDonald v Advocate General for Scotland (Scotland); Pearce v Governing Body of Mayfield School HL 19-Jun-2003
Three appeals raised issues about the way in which sex discrimination laws were to be applied for cases involving sexual orientation.
Held: The court should start by asking what gave rise to the act complained of. In this case it was the . .
Cited – The Law Society v Kamlesh Bahl EAT 7-Jul-2003
EAT Sex Discrimination – Direct
The complainant had been suspended from her position as Vice President of the Law Society. The Society and its officers appealed findings of sex and race discrimination . .
Cited – Council of the City of Manchester v Romano, Samariz CA 1-Jul-2004
The authority sought to evict their tenant on the ground that he was behaving in a way which was a nuisance to neighbours. The tenant was disabled, and claimed discrimination.
Held: In secure tenancies, the authority had to consider the . .
Cited – Madden v Preferred Technical Group CHA Limited, Guest CA 27-Aug-2004
The claimant had made a complaint of race discrimination. The complaint was dismissed. Some time later the company dismissed him, and he again lodged a complaint. The tribunal found him unfairly dismissed, but again not discriminated against.
Applied – Spicer v Government of Spain EAT 10-Oct-2003
EAT Race Discrimination – Indirect . .
Cited – Spicer v Government of Spain CA 29-Jul-2004
The claimant worked at a school in London operated by the respondent, and he was paid by them. Spanish teachers received relocation allowances, and he complained that this was discriminatory. The respondent had failed to comply with the order made . .
Cited – Coutts and Co Plc Royal Bank of Scotland v Paul Cure Peter Fraser EAT 6-Aug-2004
The applicants complained of less favourable treatment as fixed term workers in that they had not been paid a non-contractual bonus. The employer said the claim was out of time, and appealed a finding against it.
Held: Time ran from the date . .
Cited – Carson, Regina (on the Application of) v Secretary of State for Work and Pensions; Reynolds v Same HL 26-May-2005
One claimant said that as a foreign resident pensioner, she had been excluded from the annual uprating of state retirement pension, and that this was an infringement of her human rights. Another complained at the lower levels of job-seeker’s . .
Cited – St Helens Metroploitan Borough Council v Derbyshire and others CA 29-Jul-2005
The employees commenced a series of sex discrimination claims against the appellant. Many had settled, and the council wrote directly to the remaining claimants. The claimants said this amounted to intimidation because the council had not gone . .
Cited – The Law Society v Kamlesh Bahl EAT 7-Jul-2003
EAT Sex Discrimination – Direct
The complainant had been suspended from her position as Vice President of the Law Society. The Society and its officers appealed findings of sex and race discrimination . .
Cited – Law Society v Bahl CA 30-Jul-2004
The claimant had succeeded before the employment tribunal in her claim of race discrimination by the respondent and senior officers. She now appealed the reversal of that judgment. The claimant asked the tribunal to draw inferences of discrimination . .
Cited – Brown v London Borough of Croydon and Another CA 26-Jan-2007
The claimant appealed dismissals of his claim for race discrimination, harassment and victimisation. In a new job, other team members said they were uncomfortable alone with him, and his probationary period was extended because of his failure to fit . .
Cited – Azmi v Kirklees Metropolitan Borough Council EAT 30-Mar-2007
The claimant alleged discrimination. As a teaching assistant, she had been refused permission to wear a veil when assisting a male teacher.
Held: Direct discrimination had not been shown. The respondent had shown that any comparator would have . .
Cited – Atabo v Kings College London and others Newman, Methven, Law CA 19-Apr-2007
The claimant sought leave to appeal dismissal of her claim for discrimination, saying that the EAT had missapplied the test in Madarassy and associated cases on the burden of proof.
Held: ‘the applicant did not make out a prima facie case of . .
Cited – St Helens Borough Council v Derbyshire and others HL 25-Apr-2007
The claimants were pursuing an action for equal pay. Several others settled their own actions, and the respondents then wrote direct to the claimants expressing their concern that the action ws being continued and its possible effects. The claimants . .
Cited – Watkins-Singh, Regina (on the Application of) v The Governing Body of Aberdare Girls’ High School and Another Admn 29-Jul-2008
Miss Singh challenged her school’s policy which operated to prevent her wearing while at school a steel bangle, a Kara. She said this was part of her religion as a Sikh.
Held: Earlier comparable applications had been made under human rights . .
Cited – Re E (A Child); E v Chief Constable of the Royal Ulster Constabulary and Another (Northern Ireland Human Rights Commission and others intervening) HL 12-Nov-2008
(Northern Ireland) Children had been taken to school in the face of vehement protests from Loyalists. The parents complained that the police had failed to protect them properly, since the behaviour was so bad as to amount to inhuman or degrading . .
Cited – Stockton on Tees Borough Council v Aylott EAT 11-Mar-2009
EAT JURISDICTIONAL POINTS
Extension of time: just and equitable
2002 Act and pre-action requirements
DISABILITY DISCRIMINATION
Disability related discrimination
Direct disability . .
Cited – Kettle Produce Ltd v Ward EAT 8-Nov-2006
EAT Sex discrimination – Comparison
When a male manager entered the women’s toilets and shouted at a woman on her break, the correct question which should be asked is this: would the Respondent, in the form . .
Cited – Tapere v South London and Maudsley NHS Trust EAT 19-Aug-2009
EAT CONTRACT OF EMPLOYMENT
Construction of term
The Employment Tribunal erred in construing the terms and conditions of employment as permitting the employer to transfer the employee to another . .
Cited – Amnesty International v Ahmed EAT 13-Aug-2009
amnesty_ahmedEAT2009
EAT RACE DISCRIMINATION – Direct discrimination
RACE DISCRIMINATION – Indirect discrimination
RACE DISCRIMINATION – Protected by s. 41
UNFAIR DISMISSAL – Constructive dismissal
Claimant, of . .
Cited – London Borough of Tower Hamlets v Wooster EAT 10-Sep-2009
EAT AGE DISCRIMINATION
UNFAIR DISMISSAL – Polkey deduction
Council employee seconded to registered social landlord – Secondment comes to an end, so that he is formally redundant – Employee aged 49 and . .
Cited – Orr v Milton Keynes Council EAT 5-Nov-2009
EAT UNFAIR DISMISSAL:
Reasonableness of dismissal
RACE DISCRIMINATION:
Direct
Where discrimination and unfair dismissal allegations overlap and the Employment Tribunal hears and disbelieves . .
Cited – HM Land Registry v Grant EAT 15-Apr-2010
hmlr_grantEAT10
EAT SEXUAL ORIENTATION DISCRIMINATION/TRANSEXUALISM
HARASSMENT – Conduct
PRACTICE AND PROCEDURE – Appellate Jurisdiction /Reasons /Burns-Barke
An Employment Tribunal accepted that 6 out of 12 . .
Cited – Simpson v Endsleigh Insurance Services Ltd and Others EAT 27-Aug-2010
EAT SEX DISCRIMINATION
Burden of proof
Pregnancy and discrimination
UNFAIR DISMISSAL – Automatically unfair reasons
Regulation 10(3)(a) and Regulation 10(3)(b) of the Maternity and Parental . .
Cited – Grant v HM Land Registry CA 1-Jul-2011
The appellant had succeeded in his claim for sex discrimination arising from his orientation, but the EAT had reversed the decision. He now appealed against the EAT decision. Although he had revealed his sexuality in one post, he had chosen to delay . .
Cited – Stewart v Secretary of State for Work and Pensions CA 29-Jul-2011
The court considered the arrangements for providing public support for the costs of funerals. The claimant’s son had died whilst she was in prison. Assistance had been refused because, as a prisoner, she was not receiving benefits. She complained . .
Cited – Secretary of State for Justice v Slee EAT 19-Jul-2007
EAT Unfair Dismissal – Constructive dismissal
Maternity Rights and Parental Leave – Sex discrimination
The Claimant was employed as a Magistrates’ Clerk and she brought successful claims to the . .
Cited – Bivonas Llp and Others v Bennett EAT 31-Jan-2012
bivonas_EAT2012
EAT Sexual Orientation Discrimination or Transexualism – The Employment Tribunal correctly applied the law relating to detriment in a case of sexual orientation discrimination; see Shamoon v Chief Constable of . .
Cited – Bull and Bull v Hall and Preddy CA 10-Feb-2012
The appellants owned a guesthouse. They appealed from being found in breach of the Regulations. They had declined to honour a booking by the respondents of a room upon learning that they were a homosexual couple. The appellants had said that they . .
Cited – Hewage v Grampian Health Board SC 25-Jul-2012
The claimant had been employed as a consultant orthodontist. She resigned claiming constructive dismissal and sex and race discrimination. The EAT reversed the findings on discrimination saying that they had not been sufficiently pleaded. The Court . .
Cited – Ward v The Secretary of State for Work and Pensions (Disability Discrimination : Disability Related Discrimination) EAT 17-May-2013
EAT Disability related discrimination
Direct disability discrimination
Claim for disability discrimination and unfair dismissal. Employment Tribunal upheld one claim of a failure to make reasonable . .
Cited – Williams v The Trustees of Swansea University Pension and Assurance Scheme and Another SC 17-Dec-2018
The appellant complained of disability discrimination. He retired early suffering Tourette’s syndrome. He had worked part time, and the parties now disputed his pension entitlements.
Held: The appeal failed. . .
Lists of cited by and citing cases may be incomplete.
Discrimination, Northern Ireland, Employment
Leading Case
Updated: 31 December 2021; Ref: scu.179613