Miller v Bellway Homes Ltd [2010] UKEAT 0309_09_2601 (26 January 2010)

Miller v Bellway Homes Ltd [2010] UKEAT 0309_09_2601 (26 January 2010)

The Respondent's requirement for full-time work was not objectively justified, resulting in indirect sex discrimination and unfair dismissal. The Tribunal failed to consider a material factor regarding the cut-off date for lost earnings, requiring remission for further consideration.

Citation
[2010] UKEAT 0309_09_2601
Parties
Claimant: Miss Jayne Miller; Respondent: Bellway Homes Ltd
Jurisdiction
United Kingdom
Judgment Date
26 January 2010
Procedural Posture
Employment Tribunal Appeal / Appeal Judgment
Outcome
Respondent's appeal dismissed; Claimant's remedy appeal allowed on causation point; cross-appeal not considered.
Legal Topics
Sex Discrimination, Unfair Dismissal, Remedy, Perversity, Injury to Feelings
Employment Law Equality Law Sex Discrimination Unfair Dismissal Remedy Perversity Injury to Feelings

Case Brief

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Parties

Miss Jayne Miller

Claimant

Bellway Homes Ltd

Respondent

Procedural Posture

Employment Tribunal Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the Respondent's requirement for full-time work was objectively justified
  2. 2 Whether the dismissal was unfair
  3. 3 Whether the Tribunal erred in determining the cut-off date for lost earnings

Ratio Decidendi

The Respondent's requirement for full-time work was not objectively justified, resulting in indirect sex discrimination and unfair dismissal. The Tribunal failed to consider a material factor regarding the cut-off date for lost earnings, requiring remission for further consideration.

Court Disposition

Respondent's appeal dismissed; Claimant's remedy appeal allowed on causation point; cross-appeal not considered.

Orders

  • Remit causation question regarding cut-off date for lost earnings to same Employment Tribunal for further consideration.