sex discrimination
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Roberts v Carlin UKEAT/0183/09/DA
Appeal against a finding by the Employment Tribunal that the claimant had been unfairly dismissed on the grounds of her pregnancy. Appeal allowed and remitted to a fresh Tribunal for a re-hearing.
- cases
17/12/2010 16:08
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Elegbede v Nexem Petroleum UK Ltd UKEAT/0298/10/SM
Appeal against finding that the claimant was not discriminated against by reason of a protected act. Appeal dismissed.
- cases
09/11/2010 15:30
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Arrowsmith v Nottingham Trent University UKEATPA/1708/09/CEA
Appeal against the outcome of the review of an ET's judgment refusing to vary its decision upholding an order for costs made against the claimant. The claimant, who was claiming sex discrimination as a result of not getting a job because, as she claimed, she was pregnant, alleged that the review judgment was legally perverse. Appeal dismissed and an application to appeal to the Court of Appeal refused.
- cases
05/11/2010 15:34
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Hacking & Paterson & Anor v Wilson UKEATS/0054/09/BI
Appeal against refusal by the ET to strike out a claim of indirect sex discrimination. The claimant claimed that she was being indirectly discriminated against because her employer refused her request for flexible working. The main issue for discussion was the make-up of the pool of comparators: should it consist of all employees of the respondent or just those who wanted the flexible working benefit? The EAT could not conclude that if the pool was made up only of those persons who wanted the benefit that the inevitable answer was that there was no indirect discrimination (since all requests would have been declined) and for that reason agreed that the Employment Judge was correct to refuse the application for a strike out.
- cases
07/10/2010 16:58
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Bullimore v Pothecary Witham Weld Solicitors & Anor UKEAT/0189/10/JOJ
Appeal against level of compensation for injury to feelings and loss of earnings following a successful claim of victimisation. Appeal succeeded in part.
- cases
24/09/2010 14:37
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Thaine v London School of Economics UKEAT/0144/10/SM
Appeal against the discounted level of compensation awarded to the claimant following her successful claim of sex discrimination. Appeal dismissed.
- cases
17/09/2010 10:57
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Shackletons Garden Centre Ltd v Lowe UKEAT/0161/10/JOJ
Appeal against ruling that the claimant had been indirectly discriminated against because the employer applied a Provision, Criterion or Practice (“PCP”) whereby its employees had to work weekends which put women to a particular disadvantage. The EAT found that there were insufficient findings of fact to enable them to come to that conclusion; in particular they could not identify what constituted the disadvantage imposed on the claimant and whether or not the detriment suffered by the claimant was self inflicted. Appeal succeeded and remitted to a different Tribunal.
- cases
14/09/2010 15:26
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Prowse-Piper v Anglian Windows Ltd & Ors [2010] EWCA Civ 428
Appeal by the respondent employer that the claimant, whose complaints of sex discrimination and unfair dismissal had already been upheld, should not be given the opportunity to claim sex discrimination relating to the respondent’s failure to offer her alternative employment following a genuine redundancy situation. Appeal dismissed.
- cases
26/08/2010 10:50
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Ministry of Defence v Wallis & Anor UKEAT/0546/08/ZT
Appeals against rulings by an Employment Tribunal that it did have jurisdiction to hear claims of unfair dismissal and sex discrimination even though the claimants worked abroad. Appeals dismissed.
- cases
02/08/2010 11:35
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Johal v Commission for Equality & Human Rights UKEAT/0541/09/DA
Appeal against decision that the claimant had not suffered detriment on the ground of her maternity leave in circumstances where she had not been told of an internal job opportunity while she was on leave. The EAT concluded that the ET's finding that the detriment was caused by administrative error could stand and so the appeal was dismissed.
- cases
29/07/2010 11:50