A v B & Anor

A v B & Anor

There remain relevant factual issues as to whether the dismissal was tainted by prior discrimination and whether the employer discharged the reverse burden of proof. The claim cannot be struck out as having no reasonable prospect of success, nor as being out of time.

Parties
Claimant: A; Respondent: B; Respondent: C
Jurisdiction
England and Wales
Judgment Date
08 December 2010
Procedural Posture
Appeal / Court of Appeal Judgment on Appeal From Employment Appeal Tribunal
Outcome
Appeal dismissed
Legal Topics
Unfair Dismissal, Sex Discrimination, Burden of Proof, Time Limits, Disciplinary Procedure
Employment Law Discrimination Law Unfair Dismissal Sex Discrimination Burden of Proof Time Limits Disciplinary Procedure

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 4 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

A

Claimant

B

Respondent

C

Respondent

Procedural Posture

Appeal / Court of Appeal Judgment on Appeal From Employment Appeal Tribunal

Legal Issues

  1. 1 Whether the claimant's dismissal was unfair
  2. 2 Whether the disciplinary process was tainted by prior alleged sex discrimination
  3. 3 Whether the sex discrimination claim was out of time

Ratio Decidendi

There remain relevant factual issues as to whether the dismissal was tainted by prior discrimination and whether the employer discharged the reverse burden of proof. The claim cannot be struck out as having no reasonable prospect of success, nor as being out of time.

Court Disposition

Appeal dismissed

Orders

  • Claim to proceed to determination on the merits
  • Restricted reporting order continued