J Davies v EE Limited

J Davies v EE Limited

The Employment Tribunal erred in law by failing to find that the PCP of requiring the claimant to work a 40-hour week was applied to her during the relevant period. The existence of part-time roles, adjustments during phased return, or the possibility of future part-time roles did not negate the application of the...

Source-derived case information.

Parties
Appellant: Mrs J Davies; Respondent: EE Limited
Jurisdiction
England and Wales
Judgment Date
23 December 2022
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
appeal allowed; matter remitted
Legal Topics
Reasonable Adjustments, Provision Criterion or Practice (pcp), Constructive Dismissal, Equality Act 2010
Employment Law Disability Discrimination Reasonable Adjustments Provision Criterion or Practice (pcp) Constructive Dismissal Equality Act 2010

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mrs J Davies

Appellant

EE Limited

Respondent

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal erred in law in finding that the PCP of requiring the claimant to work 40 hours per week was not applied to her
  2. 2 Whether the existence of part-time roles or adjustments negated the application of the PCP
  3. 3 Whether the Tribunal failed to consider the correct period for application of the PCP

Ratio Decidendi

The Employment Tribunal erred in law by failing to find that the PCP of requiring the claimant to work a 40-hour week was applied to her during the relevant period. The existence of part-time roles, adjustments during phased return, or the possibility of future part-time roles did not negate the application of the PCP. The Tribunal's error was fundamental and required remission to a newly constituted Tribunal.

Court Disposition

appeal allowed; matter remitted

Orders

  • The appeal is allowed.
  • The claims of failure to make reasonable adjustments and constructive dismissal are remitted to a newly constituted Employment Tribunal for reconsideration.