Z v Y

Z v Y

The Employment Tribunal erred in law by failing to determine the claim of discriminatory constructive dismissal, which was part of the pleaded case and never withdrawn. The list of issues did not replace the pleaded claim, and the ET was wrong to adhere to it to the exclusion of the pleaded cause of action. Given the ET's findings, the claim of discriminatory constructive dismissal, which was in time, must be upheld.

Parties
Appellant/claimant: Z; Respondent: Y
Jurisdiction
England and Wales
Judgment Date
13 November 2024
Procedural Posture
Employment Appeal / Appeal Judgment After Remission
Outcome
Appeal allowed; finding of discriminatory constructive dismissal substituted; matter remitted to the same Employment Tribunal for reconsideration of continuing act and remedy.
Legal Topics
Disability Discrimination, Constructive Dismissal, Time Limits, Reasonable Adjustments, Continuing Act, Remission
Employment Law Equality and Discrimination Law Disability Discrimination Constructive Dismissal Time Limits Reasonable Adjustments Continuing Act Remission

Case Brief

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Parties

Z

Appellant/claimant

Y

Respondent

Procedural Posture

Employment Appeal / Appeal Judgment After Remission

Legal Issues

  1. 1 Whether the Employment Tribunal erred in failing to determine a pleaded claim of discriminatory constructive dismissal
  2. 2 Whether the Employment Tribunal erred in its approach to determining whether there was a continuing act for time limit purposes under the Equality Act 2010

Ratio Decidendi

The Employment Tribunal erred in law by failing to determine the claim of discriminatory constructive dismissal, which was part of the pleaded case and never withdrawn. The list of issues did not replace the pleaded claim, and the ET was wrong to adhere to it to the exclusion of the pleaded cause of action. Given the ET's findings, the claim of discriminatory constructive dismissal, which was in time, must be upheld.

Court Disposition

Appeal allowed; finding of discriminatory constructive dismissal substituted; matter remitted to the same Employment Tribunal for reconsideration of continuing act and remedy.

Orders

  • Substitute a finding that the claim of discriminatory constructive dismissal under sections 15, 21 and 39(2)(c) Equality Act 2010 was brought in time and is upheld.
  • Remit to the Employment Tribunal to determine whether the two earlier acts of discrimination are part of conduct extending over a period ending with the constructive dismissal and thus in time.