Nixon v Ross Coates Solicitiors & Anor [2010] UKEAT 0108_10_0608 (6 August 2010)

Nixon v Ross Coates Solicitiors & Anor [2010] UKEAT 0108_10_0608 (6 August 2010)

The Tribunal erred in law by failing to recognise that gossip about the Claimant's pregnancy, spread by the HR manager and not controlled by the employer, constituted sex and pregnancy discrimination and harassment. The Tribunal also erred in reducing compensation by 90% for contributory conduct by considering post-dismissal conduct, contrary to statutory provisions. There was no apparent bias by the Tribunal, though some factual errors were made.

Citation
[2010] UKEAT 0108_10_0608
Parties
Claimant/appellant: Miss Nixon; Respondents: Mr Ross Coates MBE and Ross Coates Solicitors
Jurisdiction
United Kingdom
Judgment Date
06 August 2010
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Judgment
Outcome
Appeal allowed in part; cross-appeal dismissed; case remitted to same Employment Tribunal for determination of remedies.
Legal Topics
Constructive Unfair Dismissal, Sex Discrimination, Pregnancy Discrimination, Harassment, Bias and Procedural Irregularity, Contributory Fault
Employment Law Discrimination Law Constructive Unfair Dismissal Sex Discrimination Pregnancy Discrimination Harassment Bias and Procedural Irregularity Contributory Fault

Case Brief

Summary, issues, holding and outcome

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Parties

Miss Nixon

Claimant/appellant

Mr Ross Coates MBE and Ross Coates Solicitors

Respondents

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal erred in dismissing claims of sex and pregnancy discrimination and harassment
  2. 2 Whether the Tribunal's reduction of compensation by 90% for contributory conduct was correct in law
  3. 3 Whether there was apparent bias or procedural irregularity by the Tribunal

Ratio Decidendi

The Tribunal erred in law by failing to recognise that gossip about the Claimant's pregnancy, spread by the HR manager and not controlled by the employer, constituted sex and pregnancy discrimination and harassment. The Tribunal also erred in reducing compensation by 90% for contributory conduct by considering post-dismissal conduct, contrary to statutory provisions. There was no apparent bias by the Tribunal, though some factual errors were made.

Court Disposition

Appeal allowed in part; cross-appeal dismissed; case remitted to same Employment Tribunal for determination of remedies.

Orders

  • Remitted to same Employment Tribunal to determine remedies for detriment by sex discrimination and for unfair dismissal.
  • Tribunal to reconsider compensation for unfair dismissal and sex discrimination, applying correct legal principles on contributory conduct.