Small v Bark Havering And Redbridge Nhs Trust (Sex Discrimination : Inferring discrimination) [2011] UKEAT 0536_10_1204 (12 April 2011)

Small v Bark Havering And Redbridge Nhs Trust (Sex Discrimination : Inferring discrimination) [2011] UKEAT 0536_10_1204 (12 April 2011)

The Employment Tribunal failed to specify which complaints satisfied the first stage of the Igen v Wong burden of proof test for sex discrimination and did not explain whether the employer discharged the second stage burden; the appeal is allowed on sex discrimination claims regarding stopping of sick pay and return to work letters, but dismissed on race discrimination and harassment.

Citation
[2011] UKEAT 0536_10_1204
Parties
Appellant: Ms Small; Respondent: Respondent Trust
Jurisdiction
United Kingdom
Judgment Date
12 April 2011
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal allowed in part, dismissed in part
Legal Topics
Sex Discrimination, Race Discrimination, Burden of Proof, Harassment, Remittal to Tribunal
Employment Law Discrimination Law Sex Discrimination Race Discrimination Burden of Proof Harassment Remittal to Tribunal

Case Brief

Summary, issues, holding and outcome

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Parties

Ms Small

Appellant

Respondent Trust

Respondent

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal properly applied the burden of proof in sex discrimination claims under Igen v Wong
  2. 2 Whether the stopping of sick pay constituted sex or race discrimination or harassment
  3. 3 Whether the sending of return to work letters constituted a detriment and discrimination

Ratio Decidendi

The Employment Tribunal failed to specify which complaints satisfied the first stage of the Igen v Wong burden of proof test for sex discrimination and did not explain whether the employer discharged the second stage burden; the appeal is allowed on sex discrimination claims regarding stopping of sick pay and return to work letters, but dismissed on race discrimination and harassment.

Court Disposition

Appeal allowed in part, dismissed in part

Orders

  • Remit sex discrimination complaints regarding stopping of sick pay and return to work letters to the same Tribunal for reconsideration
  • Race discrimination and harassment complaints dismissed