Jones v VIIV Healthcare UK Ltd & Ors (RACE DISCRIMINATION; SEX DISCRIMINATION) [2026] EAT 24 (30 January 2026)
The tribunal did not err in its approach to the burden of proof under section 136 Equality Act 2010. It made positive findings as to the reasons for the respondents' conduct, gave due and proper consideration to the claimant's arguments regarding stereotyping and protected acts, and was entitled to conclude that there was no evidence from which it could conclude that race, sex, or protected acts had any bearing on the conduct in question. The appeal is dismissed.
- Citation
- [2026] EAT 24
- Parties
- Appellant: Dr B Jones; Respondents: ViiV Healthcare UK Limited and Others
- Jurisdiction
- United Kingdom
- Judgment Date
- 30 January 2026
- Procedural Posture
- Employment Appeal Tribunal / Appeal Against Dismissal of Direct Race and Sex Discrimination and Victimisation Complaints
- Outcome
- Appeal dismissed
- Legal Topics
- Race Discrimination, Sex Discrimination, Victimisation, Burden of Proof, Equality Act 2010
Case Brief
Summary, issues, holding and outcome
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Parties
Dr B Jones
Appellant
ViiV Healthcare UK Limited and Others
Respondents
Procedural Posture
Employment Appeal Tribunal / Appeal Against Dismissal of Direct Race and Sex Discrimination and Victimisation Complaints
Legal Issues
- 1 Whether the employment tribunal erred in its approach to the burden of proof under section 136 Equality Act 2010 in dismissing complaints of direct race and sex discrimination and victimisation
- 2 Whether the tribunal failed to consider the impact of stereotyping in the use of descriptors such as 'aggressive' and 'hostile'
- 3 Whether the tribunal failed to consider if the claimant's protected acts contributed to the breakdown in trust and confidence leading to dismissal
Ratio Decidendi
The tribunal did not err in its approach to the burden of proof under section 136 Equality Act 2010. It made positive findings as to the reasons for the respondents' conduct, gave due and proper consideration to the claimant's arguments regarding stereotyping and protected acts, and was entitled to conclude that there was no evidence from which it could conclude that race, sex, or protected acts had any bearing on the conduct in question. The appeal is dismissed.
Court Disposition
Appeal dismissed
Full Case Text
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