A Field v Steve Pye and Co (KL) Limited & Ors

A Field v Steve Pye and Co (KL) Limited & Ors

The employment tribunal erred in law by failing to properly analyse evidence that could shift the burden of proof under s.136 Equality Act 2010, failing to address the claimant's arguments regarding discrimination, victimisation, and reasonable adjustments, and by not providing adequate reasoning for dismissing the constructive dismissal claim. The determinations were unsafe and require reconsideration.

Parties
Appellant: Mrs A Field; Respondents: Steve Pye and Co. (KL) Limited and others
Jurisdiction
England and Wales
Judgment Date
05 May 2022
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal allowed; case remitted for fresh determination by a differently constituted employment tribunal.
Legal Topics
Disability Discrimination, Unfair Dismissal, Victimisation, Reasonable Adjustments, Burden of Proof, Constructive Dismissal, Time Off for Dependants
Employment Law Equality Law Disability Discrimination Unfair Dismissal Victimisation Reasonable Adjustments Burden of Proof Constructive Dismissal +1 more

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Parties

Mrs A Field

Appellant

Steve Pye and Co. (KL) Limited and others

Respondents

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the employment tribunal erred in dismissing claims of discrimination arising from disability, victimisation, direct disability discrimination, and failure to make reasonable adjustments
  2. 2 Whether the tribunal failed to properly analyse evidence sufficient to shift the burden of proof under s.136 Equality Act 2010
  3. 3 Whether the tribunal erred in dismissing the claim of constructive dismissal

Ratio Decidendi

The employment tribunal erred in law by failing to properly analyse evidence that could shift the burden of proof under s.136 Equality Act 2010, failing to address the claimant's arguments regarding discrimination, victimisation, and reasonable adjustments, and by not providing adequate reasoning for dismissing the constructive dismissal claim. The determinations were unsafe and require reconsideration.

Court Disposition

Appeal allowed; case remitted for fresh determination by a differently constituted employment tribunal.

Orders

  • Appeal allowed on grounds 1, 4, 6, 14, 15(a), (c), (d), and 17-20.
  • Case remitted to a differently constituted employment tribunal for reconsideration.