Really Easy Car Credit Ltd v Thompson [2018] UKEAT 0197_17_0301 (3 January 2018)

Really Easy Car Credit Ltd v Thompson [2018] UKEAT 0197_17_0301 (3 January 2018)

The Employment Tribunal erred in law by failing to apply the correct legal test for pregnancy discrimination and automatic unfair dismissal, misapplying the burden of proof, and deciding the case on a basis not pleaded by the Claimant. The decision to dismiss was made before the Respondent knew of the Claimant's...

Source-derived case information.

Citation
[2018] UKEAT 0197_17_0301
Parties
Claimant: Claimant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
03 January 2018
Procedural Posture
Employment Appeal / Appeal Judgment With Order for Remission
Outcome
Appeal allowed; Employment Tribunal decision set aside; matter remitted for reconsideration by a differently constituted Employment Tribunal.
Legal Topics
Unfair Dismissal, Pregnancy Discrimination, Burden of Proof, Automatic Unfair Dismissal, Maternity Rights
Employment Law Equality Law Unfair Dismissal Pregnancy Discrimination Burden of Proof Automatic Unfair Dismissal Maternity Rights

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Summary, issues, holding and outcome

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Parties

Claimant

Claimant

Respondent

Respondent

Procedural Posture

Employment Appeal / Appeal Judgment With Order for Remission

Legal Issues

  1. 1 Whether the dismissal of the Claimant was because of her pregnancy or for reasons unconnected to pregnancy
  2. 2 Whether the Employment Tribunal applied the correct legal test for pregnancy discrimination and automatic unfair dismissal
  3. 3 Whether the burden of proof was correctly applied under section 136(2) Equality Act 2010

Ratio Decidendi

The Employment Tribunal erred in law by failing to apply the correct legal test for pregnancy discrimination and automatic unfair dismissal, misapplying the burden of proof, and deciding the case on a basis not pleaded by the Claimant. The decision to dismiss was made before the Respondent knew of the Claimant's pregnancy, and there was no finding of a further decision after notification. The appeal is allowed and the matter remitted for reconsideration by a differently constituted tribunal.

Court Disposition

Appeal allowed; Employment Tribunal decision set aside; matter remitted for reconsideration by a differently constituted Employment Tribunal.

Orders

  • Set aside the existing finding of the Employment Tribunal.
  • Remit the matter for reconsideration by a differently constituted Employment Tribunal, specifically on the question as to what took place after notification of the Claimant's pregnancy on 4 August 2016.