Age Concern Newcastle Upon Tyne v Brady [2009] UKEAT 0187_09_2310 (23 October 2009)

Age Concern Newcastle Upon Tyne v Brady [2009] UKEAT 0187_09_2310 (23 October 2009)

The Tribunal did not decide the case on a basis not advanced by the Claimant; the claim of pregnancy discrimination was properly based on breaches of Regulation 16 of the 1999 Regulations after written notification on 2 November 2007, and the Tribunal's findings of discrimination after 12 November 2007 were consistent with the pleaded case and the applicable legal regime.

Citation
[2009] UKEAT 0187_09_2310
Parties
Claimant: Mrs Brady; Respondent: Age Concern Newcastle upon Tyne
Jurisdiction
United Kingdom
Judgment Date
23 October 2009
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Pregnancy Discrimination, Risk Assessment, Sex Discrimination, Health and Safety at Work, Procedural Irregularity
Employment Law Discrimination Law Pregnancy Discrimination Risk Assessment Sex Discrimination Health and Safety at Work Procedural Irregularity

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Parties

Mrs Brady

Claimant

Age Concern Newcastle upon Tyne

Respondent

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal decided the case on a basis not advanced by the Claimant
  2. 2 Whether the Respondent unlawfully discriminated against the Claimant on grounds of pregnancy after written notification
  3. 3 Whether the Respondent complied with the Management of Health and Safety at Work Regulations 1999, Regulations 16 and 18

Ratio Decidendi

The Tribunal did not decide the case on a basis not advanced by the Claimant; the claim of pregnancy discrimination was properly based on breaches of Regulation 16 of the 1999 Regulations after written notification on 2 November 2007, and the Tribunal's findings of discrimination after 12 November 2007 were consistent with the pleaded case and the applicable legal regime.

Court Disposition

Appeal dismissed