EAT SEX DISCRIMINATION – Direct
RACE DISCRIMINATION – Direct
VICTIMISATION DISCRIMINATION
Whistleblowing
Dismissal
DISABILITY DISCRIMINATION
Appeal withdrawn in respect of ‘ordinary’ unfair dismissal; wrongful dismissal and holiday pay.
Appeal allowed in respect of allegations of race and sex discrimination. In particular the Tribunal erred in law in holding that that failure to investigate an allegation of race discrimination in a thorough and reasonable manner was an act of race discrimination: see, for example, Royal Bank of Scotland v Morris [2012] Eq LR 412. The Tribunal also failed to resolve a key issue of fact underlying the question whether there was discrimination concerning the KS1 post; at one point applied the burden of proof provisions incorrectly; and had no sound basis in its reasoning for reaching other findings.
Appeal allowed in part in respect of issues concerning public interest disclosure. The Tribunal was entitled to find that there were 3 protected disclosures in 2007; but it failed to make findings as to other alleged protected disclosures and failed to relate the 3 protected disclosures in 2007 to the dismissal in 2008.
Appeal allowed in part in respect of issues concerning disability discrimination (reasonable adjustments).
David Richardson J
[2012] UKEAT 0107 – 11 – 1807
Bailii
England and Wales
Employment, Discrimination
Updated: 01 November 2021; Ref: scu.462960
