D v E

D v E

The Employment Tribunal materially erred in law by failing to consider whether dismissal could be a particular disadvantage arising from the application of the PCP in an indirect discrimination claim. This error was material to the outcome of the strike-out application, and the claim should not have been struck out at this stage.

Parties
Appellant: D; Respondent: E
Jurisdiction
England and Wales
Judgment Date
01 February 2023
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Indirect Discrimination, Sex Discrimination, Dismissal, Provision, Criterion or Practice (pcp), Justification in Discrimination Claims
Employment Law Equality Law Indirect Discrimination Sex Discrimination Dismissal Provision, Criterion or Practice (pcp) Justification in Discrimination Claims

Case Brief

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Parties

D

Appellant

E

Respondent

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal erred in striking out the claim of indirect sex discrimination on the basis that dismissal was not a possible consequence of the PCP relied on
  2. 2 Whether the claimant's claim of indirect discrimination had no reasonable prospect of success

Ratio Decidendi

The Employment Tribunal materially erred in law by failing to consider whether dismissal could be a particular disadvantage arising from the application of the PCP in an indirect discrimination claim. This error was material to the outcome of the strike-out application, and the claim should not have been struck out at this stage.

Court Disposition

Appeal allowed

Orders

  • Paragraph 1 of the Employment Tribunal judgment striking out the claim of indirect discrimination is set aside.
  • The claim is remitted to the Employment Tribunal for further case management, including consideration of the respondent's application for a deposit order.