Hayes v Charman Underwriting Agencies Ltd [2002] EWCA Civ 312 (4 March 2002)

Hayes v Charman Underwriting Agencies Ltd [2002] EWCA Civ 312 (4 March 2002)

The Employment Tribunal erred in law by failing to consider all the surrounding circumstances and the possibility of subconscious discrimination, focusing instead solely on the credibility of the main witness. This flawed approach necessitates a rehearing before a fresh tribunal.

Citation
[2002] EWCA Civ 312
Parties
Claimant/applicant: Susan Jane Hayes; Defendant/respondent: Charman Underwriting Agencies Limited
Jurisdiction
England and Wales
Judgment Date
04 March 2002
Procedural Posture
Employment Appeal / Renewed Application for Permission to Appeal to Court of Appeal
Outcome
Permission to appeal refused
Legal Topics
Sex Discrimination, Constructive Dismissal, Burden of Proof, Maternity Leave, Drawing Inferences, Unconscious Discrimination
Employment Law Discrimination Law Sex Discrimination Constructive Dismissal Burden of Proof Maternity Leave Drawing Inferences Unconscious Discrimination

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Susan Jane Hayes

Claimant/applicant

Charman Underwriting Agencies Limited

Defendant/respondent

Procedural Posture

Employment Appeal / Renewed Application for Permission to Appeal to Court of Appeal

Legal Issues

  1. 1 Whether the Employment Tribunal applied the correct legal test in determining claims of sex discrimination and constructive dismissal
  2. 2 Whether the Employment Tribunal properly considered the possibility of subconscious discrimination and all surrounding circumstances

Ratio Decidendi

The Employment Tribunal erred in law by failing to consider all the surrounding circumstances and the possibility of subconscious discrimination, focusing instead solely on the credibility of the main witness. This flawed approach necessitates a rehearing before a fresh tribunal.

Court Disposition

Permission to appeal refused

Orders

  • Matter remitted to a fresh Employment Tribunal for rehearing