EAT Sex discrimination claim by former partners against the partnership and individual partners: direct discrimination (in both cases) and indirect discrimination (in one) found by ET.
(i) ET must, if ordering written submissions, allow sufficient time for them to be prepared and in particular to be considered and assimilated by the other party and the Tribunal before oral submissions.
(ii) Findings of direct and indirect discrimination set aside and remitted. Respondent must be entitled to give, and have considered, justification and/or non-discriminatory explanations for an adequately established prima facie case of unfavourable treatment or discrimination (Anya, Wolff and Bahl applied).
(iii) Remitted to same Tribunal – principles for the taking of such course set out.
(iv) Issues of knowingly aiding and of indemnity / contribution between partners for acts of discrimination considered and remitted.
The Honourable Mr Justice Burton
[2004] UKEAT 0738 – 03 – 2207, UKEAT/0738/03, [2004] IRLR 763
Bailii, EATn
England and Wales
Citing:
Cited – Owusu v London Fire and Civil Defence Authority EAT 1-Mar-1995
The employee complained of his employer’s repeated failure to regrade him, and alleged discrimination. The employer said his claim was out of time.
Held: Mummery J made the distinction between single acts of discrimination, and continuing . .
Cited by:
See Also – Sinclair Roche and Temperley (A Firm) v Heard, Fellows EAT 12-Apr-2005
EAT Practice and Procedure
Employment Tribunal Chairman, after a Case Management and Directions Hearing to delineate issues and set timetable for May hearing, delayed for three months before delivering . .
See Also – Sinclair Roche and Temperley (A Firm ) v Heard, Fellows EAT 21-Nov-2005
EAT Practice and Procedure: Disclosure, Costs and Disposal of Appeal
Appeal against interlocutory orders by ET Chairman debarring reliance on some disclosed documents and ordering costs against the . .
Cited – London Borough of Camden v Price-Job EAT 18-Dec-2007
EAT Disability discrimination – Reasonable adjustments/Justification
1. The employers appealed against two findings by the Tribunal that they had failed to make reasonable adjustments for her disability and . .
Cited – Prakash v Wolverhampton City Council EAT 1-Sep-2006
EAT The Claimant was employed on a fixed term contract. During the terms of the contract he was dismissed for misconduct and made an application to the Employment Tribunal (ET) claiming unfair dismissal. He . .
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 . .
Applied – Muschett v Parkwood Healthcare EAT 16-Mar-2009
EAT UNFAIR DISMISSAL: Constructive dismissal
The Employment Tribunal did not approach the question of constructive unfair dismissal in a last straw case by reference to the steps in Omilaju. To take an . .
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 – Cumbria Probation Board v Collingwood EAT 28-May-2008
EAT DISABILITY DISCRIMINATION
Disability / Disability related discrimination / Reasonable adjustments
JURISDICTIONAL POINTS
>2002 Act and pre-action requirements
The date of disability is . .
Cited – Slee v Secretary of State for Justice (1) Admn 19-Nov-2007
The claimant sought compensation under the Regulations as a result of her dismissal on the re-organisation of the Magistrates Court at Wimbledon from her position as court clerk. The EAT had allowed her claim for unfair dismissal. Her position on . .
Cited – Nambalat v Taher and Another EAT 8-Dec-2011
nambalatEAT2011
EAT National Minimum Wage Act 1998
National Minimum Wage Regulations 1999, Reg. 2(2)
Unauthorised deductions from wages
All three Claimants were foreign domestic workers employed in the . .
Cited – Clarence High School and Another v Boardman CA 15-Mar-2013
The claimant school teacher had been dismissed, after a finding that she had assaulted a pupil. She denied the assualt.
Held: The School’s appeal against the decision of the EAT to re-instate the claim of unfair dismissal succeeded. The EAT . .
Cited – Harron v Dorset Police EAT 12-Jan-2016
EAT DISABILITY DISCRIMINATION
RELIGION OR BELIEF DISCRIMINATION
The Claimant had a belief (which the Employment Tribunal thought genuine) that public service was improperly wasteful of money. He . .
Lists of cited by and citing cases may be incomplete.
Updated: 09 August 2021; Ref: scu.199856