Royal Mail Group Plc v. Lynch [2003] UKEAT 0426_03_0209 (2 September 2003)

Royal Mail Group Plc v. Lynch [2003] UKEAT 0426_03_0209 (2 September 2003)

The Tribunal erred by focusing on the interpretation of the letter rather than the conceded less favourable treatment and the issue of justification. The matter must be reheard, limited to justification for the treatment.

Citation
[2003] UKEAT 0426_03_0209
Parties
Appellant: Royal Mail Group Plc.; Respondent: Mrs Lynch
Jurisdiction
United Kingdom
Judgment Date
02 September 2003
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
Appeal allowed; Tribunal decision set aside; matter remitted for rehearing on justification only.
Legal Topics
Part Time Worker Discrimination, Justification for Less Favourable Treatment, Comparators in Discrimination Cases

Case Brief

Summary, issues, holding and outcome

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Parties

Royal Mail Group Plc.

Appellant

Mrs Lynch

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

  1. 1 Whether the respondent was treated less favourably as a part-time worker
  2. 2 Whether such treatment was justified on objective grounds
  3. 3 Whether a detriment occurred under Regulation 5

Ratio Decidendi

The Tribunal erred by focusing on the interpretation of the letter rather than the conceded less favourable treatment and the issue of justification. The matter must be reheard, limited to justification for the treatment.

Court Disposition

Appeal allowed; Tribunal decision set aside; matter remitted for rehearing on justification only.

Orders

  • Set aside Tribunal's findings
  • Order rehearing before a fresh Tribunal limited to justification