Saunderson v The Body Shop & Ors [2000] UKEAT 816_98_1703 (17 March 2000)

Saunderson v The Body Shop & Ors [2000] UKEAT 816_98_1703 (17 March 2000)

The Tribunal erred by failing to address allegations of victimisation regarding secondment and training and by not considering unconscious motivation in the discrimination claim; these matters are remitted to the Tribunal. No error of law was found in the dismissal of other claims.

Citation
[2000] UKEAT 816_98_1703
Parties
Appellant: Ms Lynn Saunderson; First Respondent: The Body Shop; Second Respondent: David Helyer; Third Respondent: Nick King
Jurisdiction
United Kingdom
Judgment Date
17 March 2000
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal
Outcome
Appeal dismissed except for limited remission
Legal Topics
Sex Discrimination, Victimisation, Constructive Dismissal, Unfair Dismissal
Employment Law Discrimination Law Sex Discrimination Victimisation Constructive Dismissal Unfair Dismissal

Case Brief

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Parties

Ms Lynn Saunderson

Appellant

The Body Shop

First Respondent

David Helyer

Second Respondent

Nick King

Third Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal

Legal Issues

  1. 1 Whether the Employment Tribunal erred in dismissing claims for sex discrimination, victimisation, and constructive dismissal
  2. 2 Whether unconscious motivation should have been considered in discrimination claims
  3. 3 Whether the Tribunal failed to address allegations of victimisation regarding secondment and training

Ratio Decidendi

The Tribunal erred by failing to address allegations of victimisation regarding secondment and training and by not considering unconscious motivation in the discrimination claim; these matters are remitted to the Tribunal. No error of law was found in the dismissal of other claims.

Court Disposition

Appeal dismissed except for limited remission

Orders

  • Remit to the same Tribunal for consideration of victimisation allegations regarding secondment and training
  • Remit to the same Tribunal for consideration of unconscious motivation in discrimination claim