L Garcia v The Leadership Factor Limited

L Garcia v The Leadership Factor Limited

The Employment Tribunal correctly identified the comparator for direct discrimination, properly assessed the justification defence for the 'clear voice' PCP, and was entitled to conclude that the claimant was not genuinely interested in the position. The claims had little reasonable prospect of success and the deposit order was lawfully made.

Parties
Appellant: Mr L Garcia; Respondent: The Leadership Factor Limited
Jurisdiction
England and Wales
Judgment Date
01 February 2022
Procedural Posture
Employment Appeal / Judgment on Appeal Against Deposit Order
Outcome
Appeal dismissed
Legal Topics
Disability Discrimination, Direct Discrimination, Indirect Discrimination, Deposit Orders, Procedural Fairness
Employment Law Discrimination Law Disability Discrimination Direct Discrimination Indirect Discrimination Deposit Orders Procedural Fairness

Case Brief

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Parties

Mr L Garcia

Appellant

The Leadership Factor Limited

Respondent

Procedural Posture

Employment Appeal / Judgment on Appeal Against Deposit Order

Legal Issues

  1. 1 Whether the Employment Tribunal erred in making a deposit order against the claimant for claims of direct and indirect disability discrimination
  2. 2 Whether the claimant was genuinely interested in the advertised position for purposes of discrimination claims
  3. 3 Whether the 'clear voice' and 'in good health' requirements constituted discriminatory PCPs

Ratio Decidendi

The Employment Tribunal correctly identified the comparator for direct discrimination, properly assessed the justification defence for the 'clear voice' PCP, and was entitled to conclude that the claimant was not genuinely interested in the position. The claims had little reasonable prospect of success and the deposit order was lawfully made.

Court Disposition

Appeal dismissed