Mangalore v London School Of Economics And Political Science (Victimisation Discrimination) [2013] UKEAT 0233_13_0111 (01 November 2013)

Despite some misdirection regarding the use of a comparator, the Employment Tribunal correctly found that the Appellant was not appointed because she was unappointable based on objective evidence from a fair process, not because of any protected act; thus, the claim of victimisation fails.

Citation: [2013] UKEAT 0233_13_0111
Parties: Appellant: Appellant; Respondent: Respondent
Jurisdiction: United Kingdom
Judgment Date: 01 November 2013
Procedural Posture: Employment Appeal / Appeal Judgment
Outcome: Appeal dismissed
Legal Topics: Victimisation, Discrimination, Equality Act 2010, Burden of Proof, Comparators, Employment Tribunal Procedure

Employment Law Equality Law Victimisation Discrimination Equality Act 2010 Burden of Proof Comparators Employment Tribunal Procedure

Case Brief

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Parties

Appellant

Respondent

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

1 Whether the Employment Tribunal erred in its approach to victimisation under section 27 of the Equality Act 2010 by applying a comparator analysis.
2 Whether the Tribunal failed to consider the multi-layered reasons for non-appointment.
3 Whether the Tribunal improperly allowed issues of trust and confidence to intrude into its reasoning.

Ratio Decidendi

Court Disposition

Appeal dismissed