Indigo Design Build & Management Ltd & Anor v Martinez (Sex Discrimination : Direct) [2014] UKEAT 0020_14_1007 (10 July 2014)

Indigo Design Build & Management Ltd & Anor v Martinez (Sex Discrimination : Direct) [2014] UKEAT 0020_14_1007 (10 July 2014)

The Employment Tribunal erred in law by not applying the correct legal test for pregnancy and maternity discrimination, specifically failing to address the 'reason why' for unfavourable treatment as required by section 18 of the Equality Act 2010 and relevant case law. Findings on pregnancy and maternity discrimination and associated time issues are set aside and remitted for reconsideration. Findings on sex discrimination and compensation are upheld.

Citation
[2014] UKEAT 0020_14_1007
Parties
Claimant/respondent: Mrs Marie Martinez; Respondent/appellant: Indigo Design and Build and Management Limited; Respondent/appellant: Mr Baljit Tank
Jurisdiction
United Kingdom
Judgment Date
10 July 2014
Procedural Posture
Employment Appeal / Appeal Judgment With Partial Remission to Employment Tribunal
Outcome
Appeal allowed in part; findings on pregnancy and maternity discrimination and time issues set aside and remitted to the same Employment Tribunal; findings on sex discrimination and compensation upheld.
Legal Topics
Pregnancy and Maternity Discrimination, Sex Discrimination, Unfair Dismissal, Compensation for Discrimination, Burden of Proof, Time Limits for Claims
Employment Law Equality Law Pregnancy and Maternity Discrimination Sex Discrimination Unfair Dismissal Compensation for Discrimination Burden of Proof Time Limits for Claims

Case Brief

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Parties

Mrs Marie Martinez

Claimant/respondent

Indigo Design and Build and Management Limited

Respondent/appellant

Mr Baljit Tank

Respondent/appellant

Procedural Posture

Employment Appeal / Appeal Judgment With Partial Remission to Employment Tribunal

Legal Issues

  1. 1 Whether the Employment Tribunal applied the correct legal test for pregnancy and maternity discrimination under Equality Act 2010 section 18
  2. 2 Whether the claims of discrimination were brought in time
  3. 3 Whether the Tribunal correctly applied the law regarding direct sex discrimination

Ratio Decidendi

The Employment Tribunal erred in law by not applying the correct legal test for pregnancy and maternity discrimination, specifically failing to address the 'reason why' for unfavourable treatment as required by section 18 of the Equality Act 2010 and relevant case law. Findings on pregnancy and maternity discrimination and associated time issues are set aside and remitted for reconsideration. Findings on sex discrimination and compensation are upheld.

Court Disposition

Appeal allowed in part; findings on pregnancy and maternity discrimination and time issues set aside and remitted to the same Employment Tribunal; findings on sex discrimination and compensation upheld.

Orders

  • Pregnancy and maternity discrimination and time issues remitted to the same Employment Tribunal for reconsideration applying the correct legal test.
  • Sex discrimination and compensation findings upheld.