F & C Asset Management Plc & Ors v. Switalski [2008] UKEAT 0080_08_2305 (23 May 2008)

F & C Asset Management Plc & Ors v. Switalski [2008] UKEAT 0080_08_2305 (23 May 2008)

The Employment Tribunal correctly applied the relevant statutory provisions and case law, considered the evidence from both sides, carried out the comparative exercise, and provided adequate reasons for its findings. The appeal is dismissed as no legal error was found.

Citation
[2008] UKEAT 0080_08_2305
Parties
Claimant: Ms Switalski; First Respondent: F & C Asset Management Plc; Second Respondent: Mr Marrack Tonkin; Third Respondent: Mr Peter Cole; Fourth Respondent: Mr David Logan
Jurisdiction
United Kingdom
Judgment Date
23 May 2008
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Sex Discrimination, Harassment, Victimisation, Burden of Proof, Comparative Exercise, Adequacy of Reasons
Employment Law Equality Law Sex Discrimination Harassment Victimisation Burden of Proof Comparative Exercise Adequacy of Reasons

Case Brief

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Parties

Ms Switalski

Claimant

F & C Asset Management Plc

First Respondent

Mr Marrack Tonkin

Second Respondent

Mr Peter Cole

Third Respondent

Mr David Logan

Fourth Respondent

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal misdirected itself in law regarding direct sex discrimination
  2. 2 Whether the Tribunal failed to carry out the necessary comparative exercise
  3. 3 Whether the Tribunal failed to analyse the Respondents' evidence/explanation

Ratio Decidendi

The Employment Tribunal correctly applied the relevant statutory provisions and case law, considered the evidence from both sides, carried out the comparative exercise, and provided adequate reasons for its findings. The appeal is dismissed as no legal error was found.

Court Disposition

Appeal dismissed

Orders

  • Matter returned to Judge Lewzey's Tribunal for determination of the fourth case and remedy