Allaway v. Reilly & Anor [2007] UKEAT 0054_06_3105 (31 May 2007)

Allaway v. Reilly & Anor [2007] UKEAT 0054_06_3105 (31 May 2007)

The claimant's pleadings and amendment provided adequate notice of a relevant case that the second respondent knowingly aided or committed acts of sex discrimination; it is competent and proper for the claim to proceed against the individual respondent at this stage.

Citation
[2007] UKEAT 0054_06_3105
Parties
Appellant / Second Respondent: Fire Master (Brian Allaway); First Respondent / Claimant: Former Employee (Claimant); First Respondent (employer): Lothian and Borders Fire Board
Jurisdiction
United Kingdom
Judgment Date
31 May 2007
Procedural Posture
Employment Appeal (sex Discrimination) / Appeal Against Refusal to Dismiss Individual Respondent at Pre Hearing Review
Outcome
Appeal dismissed
Legal Topics
Sex Discrimination, Vicarious Liability, Aiding and Abetting Unlawful Acts, Pleading Requirements, Amendment of Claims
Employment Law Discrimination Law Sex Discrimination Vicarious Liability Aiding and Abetting Unlawful Acts Pleading Requirements Amendment of Claims

Case Brief

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Parties

Fire Master (Brian Allaway)

Appellant / Second Respondent

Former Employee (Claimant)

First Respondent / Claimant

Lothian and Borders Fire Board

First Respondent (employer)

Procedural Posture

Employment Appeal (sex Discrimination) / Appeal Against Refusal to Dismiss Individual Respondent at Pre Hearing Review

Legal Issues

  1. 1 Whether the claimant's pleadings disclosed a relevant case against the second respondent as an individual for direct sex discrimination under the Sex Discrimination Act 1975
  2. 2 Whether the amendment to the claim provided adequate notice of the case against the second respondent
  3. 3 Whether it is competent to proceed against an individual employee where the employer accepts vicarious liability

Ratio Decidendi

The claimant's pleadings and amendment provided adequate notice of a relevant case that the second respondent knowingly aided or committed acts of sex discrimination; it is competent and proper for the claim to proceed against the individual respondent at this stage.

Court Disposition

Appeal dismissed

Orders

  • Case remitted to the Employment Tribunal to proceed as accords