South West Yorkshire Partnership NHS Foundation Trust v Jackson & Ors [2018] UKEAT 0090_18_2211 (22 November 2018)

South West Yorkshire Partnership NHS Foundation Trust v Jackson & Ors [2018] UKEAT 0090_18_2211 (22 November 2018)

The Employment Tribunal erred by applying a 'but for' causation test rather than determining whether the unfavourable treatment was actually because of the claimant's maternity leave; there was insufficient factual basis to find that the protected characteristic operated on the respondent's mind or that an inherently discriminatory rule was applied.

Citation
[2018] UKEAT 0090_18_2211
Parties
Claimant: Mrs Emma Pease; Respondent: The Trust
Jurisdiction
United Kingdom
Judgment Date
22 November 2018
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
Appeal allowed on the issue of discrimination; finding of discrimination set aside and case remitted to the same Tribunal for reconsideration.
Legal Topics
Maternity Discrimination, Redundancy, Unfavourable Treatment, Causation in Discrimination
Employment Law Equality Law Maternity Discrimination Redundancy Unfavourable Treatment Causation in Discrimination

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Parties

Mrs Emma Pease

Claimant

The Trust

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether the claimant was treated unfavourably because she exercised her right to maternity leave under section 18(4) Equality Act 2010
  2. 2 Whether the Employment Tribunal applied the correct causation test for discrimination

Ratio Decidendi

The Employment Tribunal erred by applying a 'but for' causation test rather than determining whether the unfavourable treatment was actually because of the claimant's maternity leave; there was insufficient factual basis to find that the protected characteristic operated on the respondent's mind or that an inherently discriminatory rule was applied.

Court Disposition

Appeal allowed on the issue of discrimination; finding of discrimination set aside and case remitted to the same Tribunal for reconsideration.

Orders

  • Remitted to the same Employment Tribunal to reconsider the issue of causation and discrimination, with directions to make further findings of fact if necessary.