Barnard v Hampshire Fire & Rescue UKEAT/00179/18/LA

Appeal against a judgment in which it was held that the Claimant's stable working relationship ended when she changed roles within the same organisation. Appeal allowed and remitted to a different ET.

The ET found that the Claimant's stable working relationship ended when she transferred from being a Business Support Officer to Fire Safety Officer, and from being a Fire Safety Officer to Office Manager. Accordingly the complaints in respect of equality of terms relating to the above roles had been brought out of time, and were therefore dismissed. However, the Claimant's stable relationship continued when she moved from being an Office Manager to Community Safety Delivery Manager and accordingly complaints in respect of equality of terms in relation to the role of Office Manager were brought in time. The Claimant appealed.

The EAT allowed the appeal. The ET (which had very limited assistance from the case law) made only brief factual findings and failed to identify the proper nature of the test which it was purporting to apply. Accordingly, the findings under appeal were held to be perverse and also not "Meek" compliant, in failing properly to explain the basis for the ET's decision.

http://www.bailii.org/eu/cases/EUECJ/2000/C7898.html

Published: 28/11/2018 11:39

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