Prowse-Piper v Anglian Windows Ltd & Ors [2009] UKEAT 0017_09_1506 (15 June 2009)

Prowse-Piper v Anglian Windows Ltd & Ors [2009] UKEAT 0017_09_1506 (15 June 2009)

The Tribunal failed to make a finding on whether the employer's lack of genuine effort to offer alternative employment was itself an act of sex discrimination. This issue was raised and required determination. The matter is remitted to the Tribunal to make findings on this point.

Citation
[2009] UKEAT 0017_09_1506
Parties
Appellant Counsel: Miss Jude Shepherd; Respondent Counsel: Ms Jennifer Eady
Jurisdiction
United Kingdom
Judgment Date
15 June 2009
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
Appeal allowed in part; matter remitted to Employment Tribunal for further findings.
Legal Topics
Sex Discrimination, Pregnancy Discrimination, Unfair Dismissal, Redundancy, Harassment
Employment Law Discrimination Law Sex Discrimination Pregnancy Discrimination Unfair Dismissal Redundancy Harassment

Case Brief

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Parties

Miss Jude Shepherd

Appellant Counsel

Ms Jennifer Eady

Respondent Counsel

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether the failure to offer suitable alternative employment to the claimant was itself an act of sex discrimination
  2. 2 Whether the dismissal by reason of redundancy constituted sex discrimination
  3. 3 Whether the employer's actions amounted to unfair dismissal

Ratio Decidendi

The Tribunal failed to make a finding on whether the employer's lack of genuine effort to offer alternative employment was itself an act of sex discrimination. This issue was raised and required determination. The matter is remitted to the Tribunal to make findings on this point.

Court Disposition

Appeal allowed in part; matter remitted to Employment Tribunal for further findings.

Orders

  • Remit to the same Employment Tribunal to determine whether the failure to offer alternative employment was discriminatory and its impact on dismissal.