England and Wales Case Law

R Olyazadeh v Newcastle University

The tribunal erred in law by failing to consider the claimant's explanation regarding the confusion caused by the procedural history and by not providing adequate reasons for its finding on reasonable practicability. The claimant did proffer an explanation, and the tribunal's reasoning was insufficient to support its conclusion. The matter is remitted for reconsideration of reasonable practicability.

Source excerpt

• Unfair dismissal
• Constructive dismissal
• Reasonable practicability
• Time limits
• Notice pay
• Pregnancy discrimination

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Eddie Stobart Limited v Caitlin Graham

The Employment Appeal Tribunal held that a £10,000 injury-to-feelings award was manifestly excessive and replaced it with £2,000 plus interest.

• Maternity rights
• Injury to feelings
• Remedy
• Compensation
• Redundancy
• Grievance procedure

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H Curtis v Ministry of Defence

The Tribunal erred in finding it lacked jurisdiction; the statutory scheme requires clear notification and reasons for inadmissibility, which were not provided. The complaint was not withdrawn or deemed withdrawn, and thus the Tribunal has jurisdiction to hear the pregnancy and maternity discrimination claim.

Source excerpt

• Pregnancy discrimination
• Maternity rights
• Jurisdiction
• Service complaints
• Statutory interpretation

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Sadia Shakil v Samsons Limited

The Employment Appeal Tribunal held that the tribunal wrongly assessed injury to feelings in a pregnancy discrimination claim and remitted the issue.

• Pregnancy discrimination
• Injury to feelings
• Application of vento guidelines
• Pregnancy-discrimination
• Injury-to-feelings
• Vento-guidelines

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K Ciochon v Mark Kempe t/a Neville Arms & Neville Arms Inn

The Employment Tribunal erred in law by failing to properly apply the burden of proof provisions in discrimination claims, specifically by taking into account the respondent's explanation at the first stage and not adequately explaining why the facts found did not shift the burden of proof. The matter is remitted for redetermination by a different Employment Tribunal.

Source excerpt

• Pregnancy discrimination
• Automatic unfair dismissal
• Burden of proof
• Redundancy process

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Dr Glaucia Pereira v GFT Financial Limited

The Employment Tribunal erred in law by failing to consider whether the proposed amendments were in fact new claims or already pleaded, by not balancing the prejudice between the parties, and by failing to consider relevant medical evidence affecting the claimant's ability to present her claim. These failures amounted to errors in the exercise of discretion and the interests of justice required reconsideration.

Source excerpt

• Sex discrimination
• Unfair dismissal
• Pregnancy discrimination
• Amendment of claim
• Reconsideration applications
• Extension of time

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Alcedo Orange Limited v G Ferridge-Gunn

The EAT allowed an appeal in a pregnancy discrimination case, finding the tribunal had not clearly identified the decision-maker or applied Reynolds correctly.

• Pregnancy discrimination
• Automatic unfair dismissal
• Burden of proof
• Decision-maker identification
• Pregnancy-discrimination
• Employment-appeal

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Clyde & Co LLP & Anor v Bates Van Winkelhof

Clyde & Co LLP & Anor v Bates Van Winkelhof [2012] EWCA Civ 1207 (26 September 2012)

The Court of Appeal held that an LLP member was not a worker for whistleblowing purposes, but the employment tribunal had jurisdiction over the discrimination claims.

• Worker status
• Limited liability partnership
• Whistleblowing
• Sex discrimination
• Pregnancy discrimination
• Territorial jurisdiction

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Madarassy v Nomura International Plc

Court of Appeal held there was no error of law in the tribunal’s handling of burden of proof, evidence, comparators, time limits, or health and safety issues.

• Sex discrimination
• Burden of proof
• Pregnancy discrimination
• Employment tribunal procedure
• Costs orders
• Employment-discrimination

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Madarassy v Nomura International Plc

Madarassy v Nomura International Plc [2007] EWCA Civ 33 (26 January 2007)

The Court of Appeal dismissed a sex discrimination appeal, holding the tribunal had correctly applied the burden of proof and evidence rules under section 63A(2).

• Sex discrimination
• Burden of proof
• Pregnancy discrimination
• Unfair dismissal
• Victimisation
• Employment tribunal procedure

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