Crown Prosecution Service v. Clarke [2001] UKEAT 1254_00_2003 (20 March 2001)

Crown Prosecution Service v. Clarke [2001] UKEAT 1254_00_2003 (20 March 2001)

Permission to appeal is granted on grounds relating to comparator analysis, the finding regarding the nickname 'mad Mary', alleged speculation, and the use of evidence of organisational culture; other grounds are dismissed as not independently arguable.

Citation
[2001] UKEAT 1254_00_2003
Parties
Appellant: Appellant
Jurisdiction
United Kingdom
Judgment Date
20 March 2001
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
Partial grant of permission to appeal
Legal Topics
Discrimination, Grounds of Appeal, Tribunal Procedure
Employment Law Discrimination Grounds of Appeal Tribunal Procedure

Case Brief

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Parties

Appellant

Appellant

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the Employment Tribunal erred in law in its approach to less favourable treatment
  2. 2 Whether the use of the nickname 'mad Mary' was discriminatory
  3. 3 Whether the Tribunal engaged in impermissible speculation

Ratio Decidendi

Permission to appeal is granted on grounds relating to comparator analysis, the finding regarding the nickname 'mad Mary', alleged speculation, and the use of evidence of organisational culture; other grounds are dismissed as not independently arguable.

Court Disposition

Partial grant of permission to appeal

Orders

  • Permission to proceed to full hearing on specified grounds
  • Notice of Appeal to be redrawn to reflect permitted grounds