Worcestershire Health and Care NHS Trust v Angela Allen

Worcestershire Health and Care NHS Trust v Angela Allen

The Employment Tribunal erred in law in finding that the prejudgment of the grievance process constituted age related harassment, as there was no evidence that the conduct was related to the claimant's age. The Tribunal also erred in concluding that the successful complaints constituted conduct extending over a period, as there was no ongoing discriminatory state of affairs identified. The Tribunal's approach to the burden of proof and its findings on other specific allegations were upheld.

Parties
Appellant and Respondent to Cross Appeal: Worcestershire Health and Care NHS Trust; Respondent and Cross Appellant: Angela Allen
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Employment Appeal / Judgment on Appeal and Cross Appeal
Outcome
appeal allowed in part, cross-appeal dismissed
Legal Topics
Age Discrimination, Disability Discrimination, Harassment, Direct Discrimination, Burden of Proof, Continuing Act, Time Limits
Employment Law Equality Law Age Discrimination Disability Discrimination Harassment Direct Discrimination Burden of Proof Continuing Act +1 more

Case Brief

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Parties

Worcestershire Health and Care NHS Trust

Appellant and Respondent to Cross Appeal

Angela Allen

Respondent and Cross Appellant

Procedural Posture

Employment Appeal / Judgment on Appeal and Cross Appeal

Legal Issues

  1. 1 Whether the Employment Tribunal erred in upholding a complaint of age related harassment
  2. 2 Whether the Tribunal erred in concluding that the complaints of discrimination that succeeded constituted conduct extending over a period
  3. 3 Whether the Tribunal erred in its approach to the burden of proof for discrimination claims

Ratio Decidendi

The Employment Tribunal erred in law in finding that the prejudgment of the grievance process constituted age related harassment, as there was no evidence that the conduct was related to the claimant's age. The Tribunal also erred in concluding that the successful complaints constituted conduct extending over a period, as there was no ongoing discriminatory state of affairs identified. The Tribunal's approach to the burden of proof and its findings on other specific allegations were upheld.

Court Disposition

appeal allowed in part, cross-appeal dismissed

Orders

  • The finding of age related harassment in respect of the grievance process is set aside and replaced with a finding rejecting the complaint.
  • The finding that the successful complaints constituted conduct extending over a period is set aside; the issue of time extension is remitted to the same Employment Tribunal for determination.