Pets At Home Ltd v MacKenzie [2018] UKEAT 0146_17_1501 (15 January 2018)

Pets At Home Ltd v MacKenzie [2018] UKEAT 0146_17_1501 (15 January 2018)

The Employment Tribunal majority’s findings of discrimination and constructive unfair dismissal could not stand because the majority either failed to consider all relevant evidence, reached perverse findings, or failed to provide adequate reasons for its conclusions, particularly regarding the burden of proof and the Respondent’s explanation. The ET majority also failed to properly address whether the Claimant had affirmed any repudiatory breach by delay. The appeal and cross-appeal were allowed; the ET’s decision was unsafe and could not be upheld.

Citation
[2018] UKEAT 0146_17_1501
Parties
Appellant/cross Appellant: Claimant (name not specified); Respondent/appellant: Respondent (name not specified, UK’s largest retailer of pet food and pet related products)
Jurisdiction
United Kingdom
Judgment Date
15 January 2018
Procedural Posture
Employment Appeal Tribunal (eat) Appeal and Cross Appeal / Judgment on Appeal and Cross Appeal From Employment Tribunal
Outcome
Appeal and cross-appeal allowed; ET decision set aside
Legal Topics
Pregnancy and Maternity Discrimination, Constructive Unfair Dismissal, Burden of Proof, Appellate Procedure, Time Limits for Claims
Employment Law Discrimination Law Pregnancy and Maternity Discrimination Constructive Unfair Dismissal Burden of Proof Appellate Procedure Time Limits for Claims

Case Brief

Summary, issues, holding and outcome

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Parties

Claimant (name not specified)

Appellant/cross Appellant

Respondent (name not specified, UK’s largest retailer of pet food and pet related products)

Respondent/appellant

Procedural Posture

Employment Appeal Tribunal (eat) Appeal and Cross Appeal / Judgment on Appeal and Cross Appeal From Employment Tribunal

Legal Issues

  1. 1 Whether the Employment Tribunal (ET) majority erred in finding pregnancy and maternity discrimination in the failure to fast-track the Claimant for promotion
  2. 2 Whether the ET majority erred in finding constructive unfair dismissal based on alleged breaches of trust and confidence
  3. 3 Whether the ET majority provided adequate reasons for its findings, particularly regarding the burden of proof and the Respondent’s explanation

Ratio Decidendi

The Employment Tribunal majority’s findings of discrimination and constructive unfair dismissal could not stand because the majority either failed to consider all relevant evidence, reached perverse findings, or failed to provide adequate reasons for its conclusions, particularly regarding the burden of proof and the Respondent’s explanation. The ET majority also failed to properly address whether the Claimant had affirmed any repudiatory breach by delay. The appeal and cross-appeal were allowed; the ET’s decision was unsafe and could not be upheld.

Court Disposition

Appeal and cross-appeal allowed; ET decision set aside

Orders

  • The ET majority’s findings of discrimination and constructive unfair dismissal are set aside.
  • The cross-appeal on the date error is allowed by consent.