Williams v Bannatyne Fitness Ltd (Victimisation Discrimination : Other forms of victimisation) [2012] UKEAT 0485_11_1702 (17 February 2012)

Williams v Bannatyne Fitness Ltd (Victimisation Discrimination : Other forms of victimisation) [2012] UKEAT 0485_11_1702 (17 February 2012)

The Employment Tribunal erred in law by failing to apply the reverse burden of proof to the claims of victimisation, direct discrimination, and disability-related discrimination under the DDA, and failed to provide adequate reasons for its findings, necessitating remission for rehearing.

Citation
[2012] UKEAT 0485_11_1702
Parties
Appellant/claimant: Mr Williams; Respondent/employer: Bannatyne Fitness Ltd
Jurisdiction
United Kingdom
Judgment Date
17 February 2012
Procedural Posture
Employment Appeal / Appeal Against Employment Tribunal Judgment
Outcome
Appeal allowed; claims remitted for rehearing
Legal Topics
Victimisation, Disability Discrimination, Burden of Proof, Reasonable Adjustments
Employment Law Discrimination Law Victimisation Disability Discrimination Burden of Proof Reasonable Adjustments

Case Brief

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Parties

Mr Williams

Appellant/claimant

Bannatyne Fitness Ltd

Respondent/employer

Procedural Posture

Employment Appeal / Appeal Against Employment Tribunal Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal applied the correct burden of proof to claims of victimisation, direct discrimination, and disability-related discrimination under the Disability Discrimination Act 1995
  2. 2 Whether the Tribunal provided adequate reasons for its findings, particularly regarding disability-related discrimination

Ratio Decidendi

The Employment Tribunal erred in law by failing to apply the reverse burden of proof to the claims of victimisation, direct discrimination, and disability-related discrimination under the DDA, and failed to provide adequate reasons for its findings, necessitating remission for rehearing.

Court Disposition

Appeal allowed; claims remitted for rehearing

Orders

  • Complaints of victimisation, direct discrimination, and disability-related discrimination remitted to the same Employment Tribunal for reconsideration
  • Each party to lodge and exchange written skeleton arguments 14 days before the further hearing