Feltham Management Ltd & Ors v. Feltham & Ors [2017] UKEAT 0201_16_2112 (21 December 2017)

Feltham Management Ltd & Ors v. Feltham & Ors [2017] UKEAT 0201_16_2112 (21 December 2017)

The Tribunal did not err in law regarding the effective date of termination, Polkey, or contributory fault deductions; however, its reasoning on direct sex discrimination, particularly regarding the withholding of pay, was insufficient and requires reconsideration.

Citation
[2017] UKEAT 0201_16_2112
Parties
Claimant: Jane Feltham; First Respondent: Feltham Management Limited; Second Respondent: David Feltham; Third Respondent: Martin Feltham; Fourth Respondent: Stephen Feltham
Jurisdiction
United Kingdom
Judgment Date
21 December 2017
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal allowed in part; remitted for reconsideration of sex discrimination findings; otherwise dismissed.
Legal Topics
Unfair Dismissal, Sex Discrimination, Effective Date of Termination, Polkey Deduction, Contributory Conduct, Time Limits
Employment Law Equality Law Unfair Dismissal Sex Discrimination Effective Date of Termination Polkey Deduction Contributory Conduct Time Limits

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Parties

Jane Feltham

Claimant

Feltham Management Limited

First Respondent

David Feltham

Second Respondent

Martin Feltham

Third Respondent

Stephen Feltham

Fourth Respondent

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal erred in law regarding the effective date of termination
  2. 2 Whether the Tribunal erred in declining Polkey and contributory fault deductions
  3. 3 Whether findings of direct sex discrimination were sufficiently reasoned

Ratio Decidendi

The Tribunal did not err in law regarding the effective date of termination, Polkey, or contributory fault deductions; however, its reasoning on direct sex discrimination, particularly regarding the withholding of pay, was insufficient and requires reconsideration.

Court Disposition

Appeal allowed in part; remitted for reconsideration of sex discrimination findings; otherwise dismissed.

Orders

  • Remit to same Employment Tribunal for reconsideration of (1) sex discrimination by withholding pay, (2) whether complaints were out of time, (3) whether time should be extended.
  • Appeal dismissed in all other respects.