Vernon v Azure Support Services Ltd & Ors (Sex Discrimination) [2014] UKEAT 0192_13_0711 (11 November 2014)

Vernon v Azure Support Services Ltd & Ors (Sex Discrimination) [2014] UKEAT 0192_13_0711 (11 November 2014)

Liability for pre-transfer harassment transferred to R1 under TUPE and the claim was in time as the harassment was a continuing act; the Employment Tribunal was entitled to find the dismissal was direct sex discrimination using a sufficiently similar comparator and applying the correct 'reason why' test.

Citation
[2014] UKEAT 0192_13_0711
Parties
Claimant: Ms J Vernon; First Respondent: Azure Support Services Ltd; Second Respondent: Port Vale (Valiant 2001) Football Club Ltd; Third Respondent: Mr Bedding
Jurisdiction
United Kingdom
Judgment Date
11 November 2014
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Claimant's appeal allowed; R1's appeal dismissed.
Legal Topics
Sex Discrimination, Sexual Harassment, TUPE Transfer, Direct Discrimination, Comparators, Limitation Periods
Employment Law Discrimination Law Sex Discrimination Sexual Harassment TUPE Transfer Direct Discrimination Comparators Limitation Periods

Case Brief

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Parties

Ms J Vernon

Claimant

Azure Support Services Ltd

First Respondent

Port Vale (Valiant 2001) Football Club Ltd

Second Respondent

Mr Bedding

Third Respondent

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether liability for pre-transfer harassment transferred to R1 under TUPE
  2. 2 Whether the dismissal of the Claimant was direct sex discrimination
  3. 3 Whether the correct comparator was used in the discrimination analysis

Ratio Decidendi

Liability for pre-transfer harassment transferred to R1 under TUPE and the claim was in time as the harassment was a continuing act; the Employment Tribunal was entitled to find the dismissal was direct sex discrimination using a sufficiently similar comparator and applying the correct 'reason why' test.

Court Disposition

Claimant's appeal allowed; R1's appeal dismissed.

Orders

  • Declare R1 liable to the Claimant for harassment committed by R3 before the transfer from R2 to R1.
  • Dismiss R1's appeal against the finding of direct sex discrimination in the dismissal.