Herbert Smith Solicitors & Anor v. Langton [2005] UKEAT 0242_05_1010 (10 October 2005)

Herbert Smith Solicitors & Anor v. Langton [2005] UKEAT 0242_05_1010 (10 October 2005)

The Tribunal's findings of direct sex discrimination, victimisation, discrimination against part-time workers, and unfair dismissal were upheld except for one victimisation claim where the Tribunal failed to apply an objective test of detriment; the appeal was allowed on that claim only.

Source-derived case information.

Citation
[2005] UKEAT 0242_05_1010
Parties
Claimant: Ms Michelle Langton; Respondent: Herbert Smith Solicitors; Respondent: Mr George Kalorkoti
Jurisdiction
United Kingdom
Judgment Date
10 October 2005
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal
Outcome
Appeal allowed in part; Tribunal judgment largely upheld except for one victimisation claim.
Legal Topics
Sex Discrimination, Victimisation, Unfair Dismissal, Part Time Workers, Burden of Proof, Remedies
Employment Law Equality Law Sex Discrimination Victimisation Unfair Dismissal Part Time Workers Burden of Proof Remedies

Source-derived case record

Summary, issues, holding and outcome

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Parties

Ms Michelle Langton

Claimant

Herbert Smith Solicitors

Respondent

Mr George Kalorkoti

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal

Legal Issues

  1. 1 Whether the Claimant was subjected to direct sex discrimination
  2. 2 Whether the Claimant was victimised for protected acts
  3. 3 Whether the Claimant was discriminated against as a part-time worker

Ratio Decidendi

The Tribunal's findings of direct sex discrimination, victimisation, discrimination against part-time workers, and unfair dismissal were upheld except for one victimisation claim where the Tribunal failed to apply an objective test of detriment; the appeal was allowed on that claim only.

Court Disposition

Appeal allowed in part; Tribunal judgment largely upheld except for one victimisation claim.

Orders

  • Compensation for sex discrimination and victimisation upheld
  • Compensation for unfair dismissal upheld