Ellis v Bacon (Marriage and Civil Partnership) [2022] EAT 188 (22 November 2022)

Ellis v Bacon (Marriage and Civil Partnership) [2022] EAT 188 (22 November 2022)

The Employment Tribunal erred in law by failing to address whether the unfavourable treatment was because of the fact of being married, as opposed to being married to a particular person, and by failing to construct and consider the appropriate hypothetical comparator; therefore, the finding of direct marital discrimination could not stand.

Citation
[2022] EAT 188
Parties
Appellant: Mr Graham Ellis; First Respondent: Ms K Bacon; Second Respondent: Advanced Fire Solutions Ltd (In Administration)
Jurisdiction
United Kingdom
Judgment Date
22 November 2022
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Judgment
Outcome
Appeal allowed
Legal Topics
Direct Discrimination, Marriage and Civil Partnership, Protected Characteristics, Comparators in Discrimination Law
Employment Law Equality Law Direct Discrimination Marriage and Civil Partnership Protected Characteristics Comparators in Discrimination Law

Case Brief

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Parties

Mr Graham Ellis

Appellant

Ms K Bacon

First Respondent

Advanced Fire Solutions Ltd (In Administration)

Second Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal erred in finding direct discrimination on grounds of marriage under the Equality Act 2010
  2. 2 Whether the Tribunal failed to apply the correct statutory test and comparator for marital discrimination

Ratio Decidendi

The Employment Tribunal erred in law by failing to address whether the unfavourable treatment was because of the fact of being married, as opposed to being married to a particular person, and by failing to construct and consider the appropriate hypothetical comparator; therefore, the finding of direct marital discrimination could not stand.

Court Disposition

Appeal allowed

Orders

  • Employment Tribunal's finding of direct marital discrimination set aside