Simpson v Kensington Housing Trust [2002] EWCA Civ 73 (30 January 2002)

Simpson v Kensington Housing Trust [2002] EWCA Civ 73 (30 January 2002)

There was no suitable alternative post within the meaning of section 77, as the available posts (SCSO and Housing Officer) were promotions, not equivalent or suitable alternative employment. The Employment Tribunal's findings of fact were not open to challenge, and there was no error of law or discrimination established.

Citation
[2002] EWCA Civ 73
Parties
Appellant/applicant: Carol Simpson; Respondent: Kensington Housing Trust
Jurisdiction
England and Wales
Judgment Date
30 January 2002
Procedural Posture
Appeal From Employment Appeal Tribunal / Application for Permission to Appeal
Outcome
permission to appeal refused
Legal Topics
Constructive Dismissal, Unfair Dismissal, Sex Discrimination, Race Discrimination, Redundancy, Maternity Leave, Suitable Alternative Employment
Employment Law Discrimination Law Constructive Dismissal Unfair Dismissal Sex Discrimination Race Discrimination Redundancy Maternity Leave +1 more

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Parties

Carol Simpson

Appellant/applicant

Kensington Housing Trust

Respondent

Procedural Posture

Appeal From Employment Appeal Tribunal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the Employment Tribunal erred in not applying section 77 of the Employment Rights Act 1996 regarding suitable alternative employment for an employee on maternity leave in a redundancy situation
  2. 2 Whether the failure to offer the Housing Officer post amounted to sex or race discrimination
  3. 3 Whether the Employment Tribunal's findings of fact could be interfered with on appeal

Ratio Decidendi

There was no suitable alternative post within the meaning of section 77, as the available posts (SCSO and Housing Officer) were promotions, not equivalent or suitable alternative employment. The Employment Tribunal's findings of fact were not open to challenge, and there was no error of law or discrimination established.

Court Disposition

permission to appeal refused

Orders

  • application for permission to appeal refused