Pothecary Witham Weld (a firm) & Anor v. Bullimore & Anor [2010] UKEAT 0158_09_2903 (29 March 2010)

Pothecary Witham Weld (a firm) & Anor v. Bullimore & Anor [2010] UKEAT 0158_09_2903 (29 March 2010)

Section 63A of the Sex Discrimination Act 1975 applies to victimisation claims; the Tribunal was entitled to find that the negative reference was significantly influenced by the claimant's prior protected act; the burden of proof was properly applied; and the statutory instrument inserting s. 63A was not ultra vires.

Citation
[2010] UKEAT 0158_09_2903
Parties
Appellants: Pothecary Witham Weld and Peter Hawthorne; First Respondent: Miss S A Bullimore; Second Respondent: Sebastians; Intervenor: Equality and Human Rights Commission
Jurisdiction
United Kingdom
Judgment Date
29 March 2010
Procedural Posture
Employment Appeal Tribunal / Appeal From Employment Tribunal Decision on Liability for Victimisation Under Sex Discrimination Act 1975
Outcome
Appeal dismissed
Legal Topics
Victimisation, Sex Discrimination, Burden of Proof, References for Ex Employees
Employment Law Equality Law Victimisation Sex Discrimination Burden of Proof References for Ex Employees

Case Brief

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Parties

Pothecary Witham Weld and Peter Hawthorne

Appellants

Miss S A Bullimore

First Respondent

Sebastians

Second Respondent

Equality and Human Rights Commission

Intervenor

Procedural Posture

Employment Appeal Tribunal / Appeal From Employment Tribunal Decision on Liability for Victimisation Under Sex Discrimination Act 1975

Legal Issues

  1. 1 Does section 63A of the Sex Discrimination Act 1975 (reverse burden of proof) apply to victimisation claims?
  2. 2 Was the Employment Tribunal correct in finding victimisation in the provision of a negative reference?
  3. 3 Is the statutory instrument inserting s. 63A ultra vires?

Ratio Decidendi

Section 63A of the Sex Discrimination Act 1975 applies to victimisation claims; the Tribunal was entitled to find that the negative reference was significantly influenced by the claimant's prior protected act; the burden of proof was properly applied; and the statutory instrument inserting s. 63A was not ultra vires.

Court Disposition

Appeal dismissed

Orders

  • The appeal by Pothecary Witham Weld and Peter Hawthorne is dismissed.
  • The finding of victimisation against the appellants stands.