Dave v Robinska [2003] UKEAT 0950_02_0104 (1 April 2003)
The Sex Discrimination Act 1975 applies to two-partner firms, allowing proceedings by one partner against the other for sex discrimination. The Employment Tribunal has jurisdiction to hear such claims, and the dissolution of partnership can constitute expulsion or detriment under the Act.
- Citation
- [2003] UKEAT 0950_02_0104
- Parties
- Appellant: Applicant; Respondent: Respondent
- Jurisdiction
- United Kingdom
- Judgment Date
- 01 April 2003
- Procedural Posture
- Employment Tribunal Appeal / Appeal Against Preliminary Jurisdictional Decision
- Outcome
- Appeal allowed
- Legal Topics
- Sex Discrimination, Jurisdiction of Employment Tribunal, Partnership Expulsion, Statutory Interpretation
Case Brief
Summary, issues, holding and outcome
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Parties
Applicant
Appellant
Respondent
Respondent
Procedural Posture
Employment Tribunal Appeal / Appeal Against Preliminary Jurisdictional Decision
Legal Issues
- 1 Whether a partner in a two-partner firm can sue the other for sex discrimination under the Sex Discrimination Act 1975
- 2 Whether the Employment Tribunal has jurisdiction to hear such a claim
- 3 Whether dissolution of partnership constitutes expulsion or detriment under the Act
Ratio Decidendi
The Sex Discrimination Act 1975 applies to two-partner firms, allowing proceedings by one partner against the other for sex discrimination. The Employment Tribunal has jurisdiction to hear such claims, and the dissolution of partnership can constitute expulsion or detriment under the Act.
Court Disposition
Appeal allowed
Orders
- Permission to appeal granted
- Case remitted to Employment Tribunal for hearing on merits
Full Case Text
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