McLeary v One Housing Group Ltd [2019] UKEAT 0124_18_0602 (6 February 2019)

McLeary v One Housing Group Ltd [2019] UKEAT 0124_18_0602 (6 February 2019)

On the facts, the particulars of claim should have been treated as including a complaint of constructive dismissal contrary to section 39 Equality Act 2010, or at least the issue should have been raised and clarified at the Case Management Preliminary Hearing. The Tribunal also erred in not considering whether the alleged acts of discrimination amounted to conduct extending over a period for time purposes. Both errors warranted remission to the Tribunal for reconsideration.

Citation
[2019] UKEAT 0124_18_0602
Parties
Appellant: Claimant (Appellant); Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
06 February 2019
Procedural Posture
Employment Appeal / Appeal Against Preliminary Hearing Decision on Time Limits
Outcome
Appeal allowed; matter remitted to the Employment Tribunal for reconsideration.
Legal Topics
Disability Discrimination, Constructive Dismissal, Time Limits, Reasonable Adjustments, Victimisation, Harassment
Employment Law Equality Law Disability Discrimination Constructive Dismissal Time Limits Reasonable Adjustments Victimisation Harassment

Case Brief

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Parties

Claimant (Appellant)

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal / Appeal Against Preliminary Hearing Decision on Time Limits

Legal Issues

  1. 1 Whether the Tribunal erred in failing to treat the particulars of claim as including a complaint of constructive dismissal contrary to section 39 Equality Act 2010
  2. 2 Whether the Tribunal erred in not considering whether the alleged acts of discrimination amounted to conduct extending over a period for time purposes under section 123(3) Equality Act 2010
  3. 3 Whether the Tribunal erred in not exercising its discretion to extend time on a just and equitable basis

Ratio Decidendi

On the facts, the particulars of claim should have been treated as including a complaint of constructive dismissal contrary to section 39 Equality Act 2010, or at least the issue should have been raised and clarified at the Case Management Preliminary Hearing. The Tribunal also erred in not considering whether the alleged acts of discrimination amounted to conduct extending over a period for time purposes. Both errors warranted remission to the Tribunal for reconsideration.

Court Disposition

Appeal allowed; matter remitted to the Employment Tribunal for reconsideration.

Orders

  • The complaint of discriminatory constructive dismissal is to be considered at a Full Merits Hearing.
  • The Tribunal is to consider whether the alleged acts of discrimination amounted to conduct extending over a period for time purposes under section 123(3) Equality Act 2010.