Theatre Peckham v Browne (Victimisation Discrimination : Detriment) [2014] UKEAT 0154_13_2406 (24 June 2014)

Theatre Peckham v Browne (Victimisation Discrimination : Detriment) [2014] UKEAT 0154_13_2406 (24 June 2014)

The Tribunal erred in law by finding detriment based on acts not pleaded or relied upon by the Claimant and failed to apply the correct legal test for causation as set out in Fecitt. Without the February 2012 detriment, the remaining claims were out of time and no extension was justified.

Citation
[2014] UKEAT 0154_13_2406
Parties
Appellant/respondent Before Tribunal: Theatre Peckham; Respondent/claimant Before Tribunal: Ms A Browne
Jurisdiction
United Kingdom
Judgment Date
24 June 2014
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Judgment
Outcome
Appeal allowed; Tribunal's findings in favour of the Claimant set aside.
Legal Topics
Victimisation, Protected Disclosure, Detriment, Jurisdictional Time Limits
Employment Law Victimisation Protected Disclosure Detriment Jurisdictional Time Limits

Case Brief

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Parties

Theatre Peckham

Appellant/respondent Before Tribunal

Ms A Browne

Respondent/claimant Before Tribunal

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Judgment

Legal Issues

  1. 1 Whether the claimant was subjected to detriment for making a protected disclosure
  2. 2 Whether the alleged detriments were in time under statutory limitation periods
  3. 3 Whether the Tribunal erred in law by finding detriment not pleaded or relied upon

Ratio Decidendi

The Tribunal erred in law by finding detriment based on acts not pleaded or relied upon by the Claimant and failed to apply the correct legal test for causation as set out in Fecitt. Without the February 2012 detriment, the remaining claims were out of time and no extension was justified.

Court Disposition

Appeal allowed; Tribunal's findings in favour of the Claimant set aside.

Orders

  • Tribunal's findings in favour of the Claimant are set aside.