Lee v. Relate Berkshire [2003] UKEAT 1458_01_2703 (27 March 2003)

Lee v. Relate Berkshire [2003] UKEAT 1458_01_2703 (27 March 2003)

The Tribunal failed to address whether the abbreviation of the probationary period due to maternity leave constituted a detriment on grounds of sex. The facts established that the Appellant was deprived of the opportunity to prove herself during the two-month period she was on maternity leave, and this constituted less favourable treatment on grounds of sex under section 1 of the Sex Discrimination Act 1975.

Citation
[2003] UKEAT 1458_01_2703
Parties
Appellant: Appellant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
27 March 2003
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
Appeal allowed; finding of less favourable treatment on grounds of sex substituted; case remitted for remedies hearing.
Legal Topics
Sex Discrimination, Maternity Leave, Unfair Dismissal
Employment Law Discrimination Law Sex Discrimination Maternity Leave Unfair Dismissal

Case Brief

Summary, issues, holding and outcome

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Parties

Appellant

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether abbreviation of probationary period due to maternity leave constituted a detriment on grounds of sex
  2. 2 Whether the Tribunal failed to address the detriment issue

Ratio Decidendi

The Tribunal failed to address whether the abbreviation of the probationary period due to maternity leave constituted a detriment on grounds of sex. The facts established that the Appellant was deprived of the opportunity to prove herself during the two-month period she was on maternity leave, and this constituted less favourable treatment on grounds of sex under section 1 of the Sex Discrimination Act 1975.

Court Disposition

Appeal allowed; finding of less favourable treatment on grounds of sex substituted; case remitted for remedies hearing.

Orders

  • Substitute a finding of less favourable treatment on grounds of sex within section 1 of the Sex Discrimination Act 1975.
  • Remit the case to the same Tribunal for a remedies hearing.