Cowie & Ors v Scottish Fire And Rescue Service (Disability discrimination - Sex discrimination) [2022] EAT 121 (13 June 2022)

Cowie & Ors v Scottish Fire And Rescue Service (Disability discrimination - Sex discrimination) [2022] EAT 121 (13 June 2022)

The Employment Tribunal erred in law by artificially separating the preconditions for paid special leave from the benefit itself; the requirement to use TOIL and annual leave before paid special leave did not amount to unfavourable treatment under section 15 Equality Act 2010. The Tribunal was entitled to find no group disadvantage for women under section 19, as there was no evidence that the PCP placed women at a particular disadvantage. The Tribunal's decision not to award injury to feelings was permissible as no evidence of such injury was adduced.

Citation
[2022] EAT 121
Parties
Appellant (ea 2021 SCO 000096 Sh) / Respondent (ea 2021 SCO 000097 Sh): Mr Michael Cowie and Others; Respondent (ea 2021 SCO 000096 Sh) / Appellant (ea 2021 SCO 000097 Sh): Scottish Fire and Rescue Service
Jurisdiction
United Kingdom
Judgment Date
13 June 2022
Procedural Posture
Employment Appeal Tribunal (eat) Appeals (conjoined) / Appeal Judgment
Outcome
Respondent's appeal allowed; claimants' appeal dismissed.
Legal Topics
Disability Discrimination, Indirect Sex Discrimination, Remedies for Discrimination, Unfavourable Treatment, Particular Disadvantage, COVID 19 Workplace Policies
Employment Law Equality and Discrimination Law Disability Discrimination Indirect Sex Discrimination Remedies for Discrimination Unfavourable Treatment Particular Disadvantage COVID 19 Workplace Policies

Case Brief

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Parties

Mr Michael Cowie and Others

Appellant (ea 2021 SCO 000096 Sh) / Respondent (ea 2021 SCO 000097 Sh)

Scottish Fire and Rescue Service

Respondent (ea 2021 SCO 000096 Sh) / Appellant (ea 2021 SCO 000097 Sh)

Procedural Posture

Employment Appeal Tribunal (eat) Appeals (conjoined) / Appeal Judgment

Legal Issues

  1. 1 Whether preconditions for paid special leave during the COVID-19 pandemic amounted to unfavourable treatment under section 15 Equality Act 2010.
  2. 2 Whether the requirement to use TOIL and annual leave before paid special leave placed women at a particular disadvantage under section 19 Equality Act 2010.
  3. 3 Whether the Employment Tribunal erred in making no award for injury to feelings after finding discrimination.

Ratio Decidendi

The Employment Tribunal erred in law by artificially separating the preconditions for paid special leave from the benefit itself; the requirement to use TOIL and annual leave before paid special leave did not amount to unfavourable treatment under section 15 Equality Act 2010. The Tribunal was entitled to find no group disadvantage for women under section 19, as there was no evidence that the PCP placed women at a particular disadvantage. The Tribunal's decision not to award injury to feelings was permissible as no evidence of such injury was adduced.

Court Disposition

Respondent's appeal allowed; claimants' appeal dismissed.

Orders

  • The Employment Tribunal's decision upholding the section 15 Equality Act 2010 claims is set aside.
  • No award for injury to feelings is made.