Cunningham v. Quedos Ltd & Anor [2003] UKEAT 0298_03_2008 (20 August 2003)

Cunningham v. Quedos Ltd & Anor [2003] UKEAT 0298_03_2008 (20 August 2003)

The appeal is arguable only on the grounds of whether the Tribunal properly applied the reversed burden of proof under section 63A and whether it made sufficient findings of fact on knowing assistance; all other grounds are unarguable or adequately addressed by the Tribunal.

Citation
[2003] UKEAT 0298_03_2008
Parties
Appellant: Ms Cunningham (Mrs McNally); Second Respondent: Wyeth; Employer/first Respondent (compromised): Quedos
Jurisdiction
United Kingdom
Judgment Date
20 August 2003
Procedural Posture
Employment Appeal / Preliminary Hearing on Appeal
Outcome
Partial grant of permission to appeal
Legal Topics
Sex Discrimination, Burden of Proof, Employment Status, Assistance in Discrimination, Tribunal Procedure
Employment Law Discrimination Law Sex Discrimination Burden of Proof Employment Status Assistance in Discrimination Tribunal Procedure

Case Brief

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Parties

Ms Cunningham (Mrs McNally)

Appellant

Wyeth

Second Respondent

Quedos

Employer/first Respondent (compromised)

Procedural Posture

Employment Appeal / Preliminary Hearing on Appeal

Legal Issues

  1. 1 Whether the Employment Tribunal applied the correct section of the Sex Discrimination Act
  2. 2 Whether the Tribunal properly applied the reversed burden of proof under section 63A
  3. 3 Whether the Tribunal misdirected itself regarding the applicant's case

Ratio Decidendi

The appeal is arguable only on the grounds of whether the Tribunal properly applied the reversed burden of proof under section 63A and whether it made sufficient findings of fact on knowing assistance; all other grounds are unarguable or adequately addressed by the Tribunal.

Court Disposition

Partial grant of permission to appeal

Orders

  • Matter set down for full hearing on grounds 2 and 4 (burden of proof and findings of fact on knowing assistance)
  • Time estimate for hearing is one day; parties to notify Tribunal if they disagree