Lyons v DWP Jobcentre Plus (Sex Discrimination : Direct) [2014] UKEAT 0348_13_1401 (14 January 2014)

Lyons v DWP Jobcentre Plus (Sex Discrimination : Direct) [2014] UKEAT 0348_13_1401 (14 January 2014)

The appeal was dismissed because the relevant treatment and dismissal occurred after the protected period defined by s.18 of the Equality Act 2010, and European and domestic case law (notably Brown v Rentokil) establish that such absences are to be treated under general illness rules, not as direct sex...

Source-derived case information.

Citation
[2014] UKEAT 0348_13_1401
Parties
Appellant: Claimant (Appellant); Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
14 January 2014
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Judgment
Outcome
Appeal dismissed
Legal Topics
Sex Discrimination, Pregnancy and Maternity Discrimination, Unfair Dismissal, Polkey Reduction
Employment Law Equality Law Sex Discrimination Pregnancy and Maternity Discrimination Unfair Dismissal Polkey Reduction

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Parties

Claimant (Appellant)

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Judgment

Legal Issues

  1. 1 Whether dismissal for post-natal depression after maternity leave constitutes direct sex discrimination or pregnancy/maternity discrimination under the Equality Act 2010
  2. 2 Whether the Employment Tribunal erred in applying a 50% Polkey reduction to compensation

Ratio Decidendi

The appeal was dismissed because the relevant treatment and dismissal occurred after the protected period defined by s.18 of the Equality Act 2010, and European and domestic case law (notably Brown v Rentokil) establish that such absences are to be treated under general illness rules, not as direct sex discrimination. The Tribunal's 50% Polkey reduction was a permissible exercise of judgment based on the evidence and was not in error.

Court Disposition

Appeal dismissed

Orders

  • Appeal on discrimination grounds dismissed
  • Appeal on Polkey reduction dismissed