Z v Y (Practice and procedure - disability discrimination - time limits) (Rev1) [2024] EAT 63 (26 April 2024)

Z v Y (Practice and procedure - disability discrimination - time limits) (Rev1) [2024] EAT 63 (26 April 2024)

The Employment Tribunal erred in law by failing to determine the claim of discriminatory constructive dismissal, which was part of the pleaded case and not withdrawn; the list of issues did not replace the pleaded claim. The claim of discriminatory constructive dismissal was brought in time and must be upheld. The question whether earlier acts of discrimination formed part of conduct extending over a period ending with the dismissal must be remitted for reconsideration.

Citation
[2024] EAT 63
Parties
Appellant: Z; Respondent: Y
Jurisdiction
United Kingdom
Judgment Date
26 April 2024
Procedural Posture
Employment Appeal Tribunal / Appeal From Employment Tribunal Decision
Outcome
Appeal allowed; ET decision set aside in part; claim of discriminatory constructive dismissal upheld.
Legal Topics
Disability Discrimination, Constructive Dismissal, Time Limits, Remission, Remedy
Employment Law Equality Law Disability Discrimination Constructive Dismissal Time Limits Remission Remedy

Case Brief

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Parties

Z

Appellant

Y

Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether the Employment Tribunal erred in failing to determine a claim of discriminatory constructive dismissal
  2. 2 Whether the earlier acts of discrimination constituted conduct extending over a period for time limit purposes under the Equality Act 2010

Ratio Decidendi

The Employment Tribunal erred in law by failing to determine the claim of discriminatory constructive dismissal, which was part of the pleaded case and not withdrawn; the list of issues did not replace the pleaded claim. The claim of discriminatory constructive dismissal was brought in time and must be upheld. The question whether earlier acts of discrimination formed part of conduct extending over a period ending with the dismissal must be remitted for reconsideration.

Court Disposition

Appeal allowed; ET decision set aside in part; claim of discriminatory constructive dismissal upheld.

Orders

  • Remit to ET for reconsideration of whether earlier acts of discrimination constitute conduct extending over a period ending with constructive dismissal under Equality Act 2010 s.123(3)(a).
  • Remit to ET for determination of remedy.