Hussain v Vision Security Ltd & Anor (Age Discrimination) [2011] UKEAT 0439_10_1003 (10 March 2011)

Hussain v Vision Security Ltd & Anor (Age Discrimination) [2011] UKEAT 0439_10_1003 (10 March 2011)

The facts established a prima facie case of age discrimination, shifting the burden of proof to the respondents. No adequate explanation for the difference in treatment was provided, so the appellant's claim succeeded.

Citation
[2011] UKEAT 0439_10_1003
Parties
Appellant: Mr Hussain; First Respondent: Mitie Security Services Ltd; Second Respondent: Vision Security Group Ltd (VSG)
Jurisdiction
United Kingdom
Judgment Date
10 March 2011
Procedural Posture
Employment Appeal / Appeal Against Dismissal of Age Discrimination Claim, Remitted for Remedy
Outcome
Appeal allowed; claim of age discrimination upheld; remitted to Employment Tribunal for remedy
Legal Topics
Age Discrimination, Burden of Proof, TUPE Transfers
Employment Law Equality Law Age Discrimination Burden of Proof TUPE Transfers

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Hussain

Appellant

Mitie Security Services Ltd

First Respondent

Vision Security Group Ltd (VSG)

Second Respondent

Procedural Posture

Employment Appeal / Appeal Against Dismissal of Age Discrimination Claim, Remitted for Remedy

Legal Issues

  1. 1 Whether the appellant was discriminated against on grounds of age by not being transferred to the Gist site when younger colleagues were
  2. 2 Whether the burden of proof shifted to the respondents under the Employment Equality (Age) Regulations 2006

Ratio Decidendi

The facts established a prima facie case of age discrimination, shifting the burden of proof to the respondents. No adequate explanation for the difference in treatment was provided, so the appellant's claim succeeded.

Court Disposition

Appeal allowed; claim of age discrimination upheld; remitted to Employment Tribunal for remedy

Orders

  • Remitted to Employment Tribunal for consideration of remedy
  • No requirement to return to same Tribunal unless parties submit otherwise