Thomas Sanderson Blinds Ltd v. English [2011] UKEAT 0316_10_2102 (21 February 2011)

Thomas Sanderson Blinds Ltd v. English [2011] UKEAT 0316_10_2102 (21 February 2011)

The Tribunal correctly applied the statutory test for harassment by considering both the claimant's perception and the objective reasonableness of that perception. The only act of harassment found was out of time. The Tribunal erred in granting a review and considering a direct discrimination/constructive dismissal claim that was not argued at the substantive hearing; there were no just and equitable grounds for review.

Citation
[2011] UKEAT 0316_10_2102
Parties
Appellant/claimant: Mr Steven English; Respondent: Thomas Sanderson Blinds Limited
Jurisdiction
United Kingdom
Judgment Date
21 February 2011
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal and Review Judgment
Outcome
Claimant's appeal dismissed; Respondent's appeal allowed; review judgment set aside.
Legal Topics
Sexual Orientation Discrimination, Harassment, Direct Discrimination, Constructive Dismissal, Procedural Review
Employment Law Equality Law Sexual Orientation Discrimination Harassment Direct Discrimination Constructive Dismissal Procedural Review

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Steven English

Appellant/claimant

Thomas Sanderson Blinds Limited

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal and Review Judgment

Legal Issues

  1. 1 Whether the Tribunal applied the correct legal test for harassment under the Employment Equality (Sexual Orientation) Regulations 2003
  2. 2 Whether the claim for harassment was brought in time
  3. 3 Whether the Tribunal erred in granting a review and finding direct discrimination based on constructive dismissal

Ratio Decidendi

The Tribunal correctly applied the statutory test for harassment by considering both the claimant's perception and the objective reasonableness of that perception. The only act of harassment found was out of time. The Tribunal erred in granting a review and considering a direct discrimination/constructive dismissal claim that was not argued at the substantive hearing; there were no just and equitable grounds for review.

Court Disposition

Claimant's appeal dismissed; Respondent's appeal allowed; review judgment set aside.

Orders

  • Claimant's appeal dismissed
  • Respondent's appeal allowed