Michael Cowie & Ors v Scottish Fire and Rescue Service

Michael Cowie & Ors v Scottish Fire and Rescue Service

The preconditions for entitlement to paid special leave (requiring exhaustion of TOIL and annual leave) were inextricably linked to the favourable treatment of paid special leave and could not be artificially separated. There was no unfavourable treatment or particular disadvantage for the purposes of sections 15 or 19 EqA. The Employment Tribunal erred in its approach to liability. No award for injury to feelings was warranted in the absence of evidence.

Parties
Appellant/respondent: Mr Michael Cowie and Others; Respondent/appellant: Scottish Fire and Rescue Service
Jurisdiction
England and Wales
Judgment Date
11 August 2022
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal allowed for respondent; claimants' appeal dismissed; Employment Tribunal's decision set aside and claims dismissed.
Legal Topics
Disability Discrimination, Indirect Sex Discrimination, Remedies for Discrimination, Unfavourable Treatment, Particular Disadvantage, Injury to Feelings
Employment Law Equality Law Disability Discrimination Indirect Sex Discrimination Remedies for Discrimination Unfavourable Treatment Particular Disadvantage Injury to Feelings

Case Brief

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Parties

Mr Michael Cowie and Others

Appellant/respondent

Scottish Fire and Rescue Service

Respondent/appellant

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the preconditions for paid special leave during the coronavirus pandemic amounted to unfavourable treatment or disadvantage under section 15 and/or section 19 Equality Act 2010
  2. 2 Whether the Employment Tribunal erred in finding group disadvantage for women under section 19 EqA
  3. 3 Whether the Employment Tribunal erred in making no award for injury to feelings

Ratio Decidendi

The preconditions for entitlement to paid special leave (requiring exhaustion of TOIL and annual leave) were inextricably linked to the favourable treatment of paid special leave and could not be artificially separated. There was no unfavourable treatment or particular disadvantage for the purposes of sections 15 or 19 EqA. The Employment Tribunal erred in its approach to liability. No award for injury to feelings was warranted in the absence of evidence.

Court Disposition

Appeal allowed for respondent; claimants' appeal dismissed; Employment Tribunal's decision set aside and claims dismissed.

Orders

  • Section 15 EqA claims dismissed.
  • Section 19 EqA claims dismissed.