Lisboa v Realpubs Ltd & Ors (Sexual Orientation Discrimination or Transexualism) [2011] UKEAT 0224_10_1101 (11 January 2011)

Lisboa v Realpubs Ltd & Ors (Sexual Orientation Discrimination or Transexualism) [2011] UKEAT 0224_10_1101 (11 January 2011)

The Employment Tribunal erred by focusing on the lawfulness of the commercial aim rather than the discriminatory effect of its implementation. The respondent's conduct, including disparaging remarks and actions making gay customers less welcome, amounted to unlawful sexual orientation discrimination. The claimant's resignation was in response to this discrimination, constituting constructive and wrongful dismissal.

Citation
[2011] UKEAT 0224_10_1101
Parties
Appellant/claimant: Charles Lisboa; Respondent/first Respondent Below: Realpubs Ltd; Respondent/third Respondent Below: Mr Heap
Jurisdiction
United Kingdom
Judgment Date
11 January 2011
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal allowed; Employment Tribunal decision reversed on Wethersfield v Sargent and wrongful dismissal claims; remedy remitted to a fresh Employment Tribunal.
Legal Topics
Sexual Orientation Discrimination, Constructive Dismissal, Wrongful Dismissal, Direct Discrimination
Employment Law Equality Law Sexual Orientation Discrimination Constructive Dismissal Wrongful Dismissal Direct Discrimination

Case Brief

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Parties

Charles Lisboa

Appellant/claimant

Realpubs Ltd

Respondent/first Respondent Below

Mr Heap

Respondent/third Respondent Below

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the respondent's policy and conduct amounted to unlawful sexual orientation discrimination against gay customers and the claimant
  2. 2 Whether the claimant was constructively and wrongfully dismissed as a result of discriminatory conduct

Ratio Decidendi

The Employment Tribunal erred by focusing on the lawfulness of the commercial aim rather than the discriminatory effect of its implementation. The respondent's conduct, including disparaging remarks and actions making gay customers less welcome, amounted to unlawful sexual orientation discrimination. The claimant's resignation was in response to this discrimination, constituting constructive and wrongful dismissal.

Court Disposition

Appeal allowed; Employment Tribunal decision reversed on Wethersfield v Sargent and wrongful dismissal claims; remedy remitted to a fresh Employment Tribunal.

Orders

  • Employment Tribunal's finding of no discriminatory dismissal reversed
  • Award of £4,500 for injury to feelings set aside