Carshalton College v. Morris [2001] UKEAT 0673_01_2109 (21 September 2001)

Carshalton College v. Morris [2001] UKEAT 0673_01_2109 (21 September 2001)

There is an arguable point regarding whether the Tribunal's findings of fact justified the conclusion of direct sex discrimination and constructive dismissal; procedural grounds regarding surprise at the shift from indirect to direct discrimination are not arguable as the appellant could have sought an adjournment.

Citation
[2001] UKEAT 0673_01_2109
Parties
Appellant: Appellant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
21 September 2001
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
Partial permission to appeal granted
Legal Topics
Constructive Dismissal, Sex Discrimination, Unfair Dismissal, Procedural Fairness
Employment Law Discrimination Law Constructive Dismissal Sex Discrimination Unfair Dismissal Procedural Fairness

Case Brief

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Parties

Appellant

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the Employment Tribunal correctly found constructive dismissal
  2. 2 Whether the Tribunal's finding of direct sex discrimination was justified
  3. 3 Whether procedural fairness was denied by allowing a direct discrimination claim to be raised at hearing

Ratio Decidendi

There is an arguable point regarding whether the Tribunal's findings of fact justified the conclusion of direct sex discrimination and constructive dismissal; procedural grounds regarding surprise at the shift from indirect to direct discrimination are not arguable as the appellant could have sought an adjournment.

Court Disposition

Partial permission to appeal granted

Orders

  • Permission to appeal granted on issues of constructive dismissal and direct sex discrimination
  • Appeal not permitted on procedural fairness grounds