M Glover v Lacoste UK Ltd & Anor

M Glover v Lacoste UK Ltd & Anor

The employment tribunal erred in law by holding that the PCP was not applied because the decision was later revoked; the only possible determination was that the PCP was applied at the stage of the appeal decision. The matter is remitted for redetermination of whether the claimant suffered disadvantage/detriment and whether group disadvantage was established.

Parties
Appellant: Ms M Glover; Respondent: Lacoste UK Ltd; Respondent: Mr R Harmon
Jurisdiction
England and Wales
Judgment Date
02 February 2023
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
appeal allowed, matter remitted
Legal Topics
Indirect Discrimination, Sex Discrimination, Flexible Working, Detriment, Provision Criterion or Practice (pcp)
Employment Law Equality Law Indirect Discrimination Sex Discrimination Flexible Working Detriment Provision Criterion or Practice (pcp)

Case Brief

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Parties

Ms M Glover

Appellant

Lacoste UK Ltd

Respondent

Mr R Harmon

Respondent

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the employment tribunal erred in law in holding that the determination at an appeal hearing that the claimant must work a fully flexible part-time work pattern did not involve the application of a PCP because the decision was revoked after a letter before action.
  2. 2 Whether the PCP was applied to the claimant and if she suffered disadvantage/detriment as a result.
  3. 3 Whether group disadvantage was properly established.

Ratio Decidendi

The employment tribunal erred in law by holding that the PCP was not applied because the decision was later revoked; the only possible determination was that the PCP was applied at the stage of the appeal decision. The matter is remitted for redetermination of whether the claimant suffered disadvantage/detriment and whether group disadvantage was established.

Court Disposition

appeal allowed, matter remitted

Orders

  • The matter is remitted to a newly constituted employment tribunal to determine the remaining live issues.
  • Mr R Harmon is dismissed as a respondent.