Source: All England Reporter
Publisher Citation: [2011] All ER (D) 65 (Dec)
Neutral Citation: [2011] EWCA Civ 1516
Court: Court of Appeal, Civil Division
Judge:

Lord Justice Maurice Kay, VP, Lord Justice Rix and Lord Justice Rimer
Representation Amanda Hart (instructed by Leigh Day & Co) for the employee.
  Richard Coleman (instructed by the Treasury Solicitor) for the Ministry.
Judgment Dates: 8 December 2011

Catchwords

Employment - Discrimination against a woman - Promotion prospects - Employee being shore based woman officer in Royal Navy - Employee being considered for promotion - Employee not receiving promotion - Employee alleging direct and indirect discrimination on ground of sex - Employment tribunal finding in employee's favour - Employment Appeal Tribunal (EAT) setting aside finding of direct discrimination and remitting matter - EAT dismissing appeal against finding of indirect discrimination - Whether EAT erring in remitting direct discrimination claim rather than substituting own finding - Whether EAT erring in not dismissing or remitting indirect discrimination claim.

The Case

Employment Discrimination against a woman. The Court of Appeal, Civil Division, dismissed the employer Ministry of Defence's appeal against the Employment Appeal Tribunal remitting a claim for direct discrimination on the ground of sex rather than substituting its own finding in place of that of the tribunal. However, in the circumstances, it could not be said that the EAT had been plainly and unarguably right in not remitting the matter of indirect discrimination to the tribunal. Consequently, the indirect discrimination claim would also be remitted to the tribunal.

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