Sinclair Roche and Temperley and others v Heard and Another: EAT 22 Jul 2004

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
CitedOwusu 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 AlsoSinclair Roche and Temperley (A Firm) v Heard, Fellows EAT 12-Apr-2005
EAT Practice and Procedure
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See AlsoSinclair 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 . .
CitedLondon 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 . .
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An Employment Tribunal accepted that 6 out of 12 . .
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>2002 Act and pre-action requirements
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EAT National Minimum Wage Act 1998
National Minimum Wage Regulations 1999, Reg. 2(2)
Unauthorised deductions from wages
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CitedClarence High School and Another v Boardman CA 15-Mar-2013
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Held: The School’s appeal against the decision of the EAT to re-instate the claim of unfair dismissal succeeded. The EAT . .
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Lists of cited by and citing cases may be incomplete.
Updated: 09 August 2021; Ref: scu.199856