Office of The Parliamentary Commissioner for Administration & Health Service Commissioners v Fernandez [2005] UKEAT 0573_04_1502 (15 February 2005)

Office of The Parliamentary Commissioner for Administration & Health Service Commissioners v Fernandez [2005] UKEAT 0573_04_1502 (15 February 2005)

The Employment Tribunal erred in law by failing to follow binding precedent on the reverse burden of proof in discrimination cases and by not addressing unchallenged statistics. The Tribunal's findings on discrimination were perverse given its findings on unfair dismissal. The majority finding of unfair dismissal...

Source-derived case information.

Citation
[2005] UKEAT 0573_04_1502
Parties
Claimant: Mr Fernandez; Respondent: OPCA
Jurisdiction
United Kingdom
Judgment Date
15 February 2005
Procedural Posture
Employment Appeal Tribunal / Appeal Judgment With Remittal to Fresh Employment Tribunal
Outcome
Appeal allowed in part; unfair dismissal finding upheld; discrimination claims remitted to a fresh Tribunal.
Legal Topics
Unfair Dismissal, Race Discrimination, Sex Discrimination, Burden of Proof, Remittal, Proportionality
Employment Law Discrimination Law Unfair Dismissal Race Discrimination Sex Discrimination Burden of Proof Remittal Proportionality

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Summary, issues, holding and outcome

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Parties

Mr Fernandez

Claimant

OPCA

Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal Judgment With Remittal to Fresh Employment Tribunal

Legal Issues

  1. 1 Whether the Employment Tribunal erred in its application of the reverse burden of proof in sex and race discrimination claims
  2. 2 Whether the Tribunal substituted its own judgment for that of the employer in unfair dismissal
  3. 3 Whether the Tribunal's findings on discrimination were perverse

Ratio Decidendi

The Employment Tribunal erred in law by failing to follow binding precedent on the reverse burden of proof in discrimination cases and by not addressing unchallenged statistics. The Tribunal's findings on discrimination were perverse given its findings on unfair dismissal. The majority finding of unfair dismissal was upheld as the Tribunal did not substitute its own judgment for that of the employer. The discrimination claims are remitted to a freshly constituted Tribunal for reconsideration.

Court Disposition

Appeal allowed in part; unfair dismissal finding upheld; discrimination claims remitted to a fresh Tribunal.

Orders

  • Discrimination claims remitted to a freshly constituted Employment Tribunal for reconsideration in light of correct legal principles and findings on unfair dismissal.
  • Parties to report to the Employment Tribunal within 28 days on steps taken towards conciliation or settlement.