Margaret Chilton v. HM Prison Service [2000] UKEAT 455_00_2310 (23 October 2000)

Margaret Chilton v. HM Prison Service [2000] UKEAT 455_00_2310 (23 October 2000)

The appeal should proceed to a full hearing on the issues of whether the Tribunal failed to address unconscious discrimination and whether it misdirected itself regarding the protected act for victimisation; other grounds are dismissed.

Citation
[2000] UKEAT 455_00_2310
Parties
Appellant: Appellant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
23 October 2000
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
Partial leave to appeal granted
Legal Topics
Sex Discrimination, Unconscious Discrimination, Victimisation, Dismissal
Employment Law Discrimination Law Sex Discrimination Unconscious Discrimination Victimisation Dismissal

Case Brief

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Parties

Appellant

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the Tribunal failed to address the possibility of unconscious sex discrimination in dismissal
  2. 2 Whether the Tribunal misdirected itself regarding the protected act for a victimisation claim

Ratio Decidendi

The appeal should proceed to a full hearing on the issues of whether the Tribunal failed to address unconscious discrimination and whether it misdirected itself regarding the protected act for victimisation; other grounds are dismissed.

Court Disposition

Partial leave to appeal granted

Orders

  • Full hearing directed on unconscious discrimination and victimisation issues
  • Amended Notice of Appeal to be lodged