Shaw v CCL Ltd [2007] UKEAT 0512_06_2205 (22 May 2007)

Shaw v CCL Ltd [2007] UKEAT 0512_06_2205 (22 May 2007)

The respondent's rejection of the claimant's application to work part-time on return from maternity leave was both direct and indirect sex discrimination, constituting a fundamental breach of the implied term of trust and confidence. The claimant resigned promptly in response, amounting to constructive dismissal and unfair dismissal under the Employment Rights Act 1996.

Citation
[2007] UKEAT 0512_06_2205
Parties
Appellant's Counsel: Miss Dee Masters; Appellant's Solicitors: Messrs Abel-Brown Solicitors; Respondent's Representative: Mr David Meredith; Respondent's Representative Firm: Peninsula Business Services Ltd
Jurisdiction
United Kingdom
Judgment Date
22 May 2007
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal allowed; finding of unfair dismissal substituted.
Legal Topics
Unfair Dismissal, Constructive Dismissal, Direct Sex Discrimination, Indirect Sex Discrimination, Flexible Working, Maternity Rights
Employment Law Discrimination Law Unfair Dismissal Constructive Dismissal Direct Sex Discrimination Indirect Sex Discrimination Flexible Working Maternity Rights

Case Brief

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Parties

Miss Dee Masters

Appellant's Counsel

Messrs Abel-Brown Solicitors

Appellant's Solicitors

Mr David Meredith

Respondent's Representative

Peninsula Business Services Ltd

Respondent's Representative Firm

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the rejection of the claimant's application to work part-time on return from maternity leave constituted direct and indirect sex discrimination
  2. 2 Whether such discrimination amounted to a fundamental breach of contract entitling the claimant to resign and claim constructive unfair dismissal

Ratio Decidendi

The respondent's rejection of the claimant's application to work part-time on return from maternity leave was both direct and indirect sex discrimination, constituting a fundamental breach of the implied term of trust and confidence. The claimant resigned promptly in response, amounting to constructive dismissal and unfair dismissal under the Employment Rights Act 1996.

Court Disposition

Appeal allowed; finding of unfair dismissal substituted.

Orders

  • Finding of unfair dismissal substituted for previous decision.
  • Remedy to be determined in accordance with this finding.