Smith -Twigger v Abbey Protection Group Ltd (Maternity Rights and Parental Leave) [2014] UKEAT 0391_13_0204 (02 April 2014)

Smith -Twigger v Abbey Protection Group Ltd (Maternity Rights and Parental Leave) [2014] UKEAT 0391_13_0204 (02 April 2014)

The Tribunal was entitled to reject the claims of maternity discrimination, indirect sex discrimination, and constructive dismissal as there was no legal obligation on the employer to inform or consult the claimant, no discriminatory PCP applied, no breach of trust and confidence, and the claims were out of time...

Source-derived case information.

Citation
[2014] UKEAT 0391_13_0204
Parties
Appellant: Claimant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
02 April 2014
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Maternity Rights, Parental Leave, Sex Discrimination, Indirect Discrimination, Constructive Dismissal, Unfair Dismissal, Flexible Working, Jurisdictional Points, Extension of Time
Employment Law Equality Law Maternity Rights Parental Leave Sex Discrimination Indirect Discrimination Constructive Dismissal Unfair Dismissal +3 more

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Summary, issues, holding and outcome

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Parties

Claimant

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the respondent treated the claimant unfavourably due to maternity leave
  2. 2 Whether there was indirect sex discrimination via a provision, criterion or practice (PCP)
  3. 3 Whether the claimant was constructively and unfairly dismissed

Ratio Decidendi

The Tribunal was entitled to reject the claims of maternity discrimination, indirect sex discrimination, and constructive dismissal as there was no legal obligation on the employer to inform or consult the claimant, no discriminatory PCP applied, no breach of trust and confidence, and the claims were out of time without good reason for delay.

Court Disposition

appeal dismissed