The Learning Trust & Ors v Marshall (Sex Discrimination : Direct) [2012] UKEAT 0107_11_1807 (18 July 2012)

The Learning Trust & Ors v Marshall (Sex Discrimination : Direct) [2012] UKEAT 0107_11_1807 (18 July 2012)

The Tribunal erred in law by failing to resolve key factual issues regarding comparators and ring-fencing for the KS1 post, misapplying the burden of proof, and equating failure to investigate discrimination allegations with discrimination. Findings of race and sex discrimination regarding KS1 appointment, grievance handling, dismissal, and holiday pay cannot stand. Findings regarding protected disclosures and detriment (suspension) are upheld in part. Tribunal's reasoning on disability discrimination (reasonable adjustments) is partially upheld.

Citation
[2012] UKEAT 0107_11_1807
Parties
Applicant: Mrs Delphine Marshall; Respondent: The Learning Trust; Respondent: Mr Tim Hunter-Whitehouse; Respondent: Governing Body of Benthal Primary School; Respondent: London Borough of Hackney
Jurisdiction
United Kingdom
Judgment Date
18 July 2012
Procedural Posture
Employment Appeal / Judgment on Appeal
Outcome
Appeal allowed in part; findings of race and sex discrimination regarding KS1 appointment, grievance handling, dismissal, and holiday pay set aside; findings on protected disclosures and detriment (suspension) upheld in part; disability discrimination findings partially upheld.
Legal Topics
Direct Race Discrimination, Direct Sex Discrimination, Victimisation, Whistleblowing, Disability Discrimination, Unfair Dismissal, Wrongful Dismissal, Holiday Pay
Employment Law Equality Law Direct Race Discrimination Direct Sex Discrimination Victimisation Whistleblowing Disability Discrimination Unfair Dismissal +2 more

Case Brief

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Parties

Mrs Delphine Marshall

Applicant

The Learning Trust

Respondent

Mr Tim Hunter-Whitehouse

Respondent

Governing Body of Benthal Primary School

Respondent

London Borough of Hackney

Respondent

Procedural Posture

Employment Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the Tribunal erred in finding direct race and sex discrimination regarding KS1 appointment
  2. 2 Whether failure to investigate race discrimination allegations constituted race discrimination
  3. 3 Whether dismissal and grievance handling amounted to race discrimination

Ratio Decidendi

The Tribunal erred in law by failing to resolve key factual issues regarding comparators and ring-fencing for the KS1 post, misapplying the burden of proof, and equating failure to investigate discrimination allegations with discrimination. Findings of race and sex discrimination regarding KS1 appointment, grievance handling, dismissal, and holiday pay cannot stand. Findings regarding protected disclosures and detriment (suspension) are upheld in part. Tribunal's reasoning on disability discrimination (reasonable adjustments) is partially upheld.

Court Disposition

Appeal allowed in part; findings of race and sex discrimination regarding KS1 appointment, grievance handling, dismissal, and holiday pay set aside; findings on protected disclosures and detriment (suspension) upheld in part; disability discrimination findings partially upheld.

Orders

  • Tribunal's findings of race and sex discrimination regarding KS1 appointment, grievance handling, dismissal, and holiday pay are set aside.
  • Findings regarding protected disclosures and detriment (suspension) are upheld in part.