Interserve FM Ltd v Tuleikyte (Sex Discrimination: Direct) [2017] UKEAT 0267_16_1403 (14 March 2017)

Interserve FM Ltd v Tuleikyte (Sex Discrimination: Direct) [2017] UKEAT 0267_16_1403 (14 March 2017)

The Employment Tribunal erred in law by treating the case as a criterion case; the blanket policy was not inherently discriminatory against women on maternity leave, and the correct test required examination of the discriminator's reasons. The finding of direct discrimination cannot stand.

Source-derived case information.

Citation
[2017] UKEAT 0267_16_1403
Parties
Appellant: Interserve FM Ltd; Respondent: Claimant (unnamed)
Jurisdiction
United Kingdom
Judgment Date
14 March 2017
Procedural Posture
Employment Appeal Tribunal / Appeal From Employment Tribunal Judgment
Outcome
Appeal allowed; finding of unlawful discrimination set aside; matter remitted to same Employment Tribunal for reconsideration.
Legal Topics
Sex Discrimination, Pregnancy Discrimination, Maternity Leave, Direct Discrimination, Section 18 Equality Act 2010
Employment Law Equality Law Sex Discrimination Pregnancy Discrimination Maternity Leave Direct Discrimination Section 18 Equality Act 2010

Source-derived case record

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Parties

Interserve FM Ltd

Appellant

Claimant (unnamed)

Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal From Employment Tribunal Judgment

Legal Issues

  1. 1 Whether the application of a blanket policy treating employees absent without pay for three months as leavers constitutes direct discrimination under section 18(4) Equality Act 2010
  2. 2 Whether the Employment Tribunal applied the correct legal test (criterion vs reasons why)

Ratio Decidendi

The Employment Tribunal erred in law by treating the case as a criterion case; the blanket policy was not inherently discriminatory against women on maternity leave, and the correct test required examination of the discriminator's reasons. The finding of direct discrimination cannot stand.

Court Disposition

Appeal allowed; finding of unlawful discrimination set aside; matter remitted to same Employment Tribunal for reconsideration.

Orders

  • Remission to same Employment Tribunal limited to reconsideration of deletion of Claimant's name from employment records.
  • Remedy Judgment set aside.