Source: All England Reporter
Publisher Citation: [2015] All ER (D) 41 (May)
Court: Employment Appeal Tribunal

Judge Peter Clark

Representation The employee appeared in person.
  Judy Stone (instructed by Irwin Mitchell LLP) for the employer.
Judgment Dates: 22 April 2015


Employment - Unfair dismissal - Sex discrimination - Equal pay - Employee bringing claims for sex discrimination, sex discrimination and constructive unfair dismissal - Employment tribunal dismissing claims - Whether tribunal erring.

The Case

Employment Unfair dismissal. The employee alleged against her former employer that she had not been paid the same as a male colleague. The employment tribunal upheld the employer's genuine material factor defence and dismissed the employee's equal pay claim and claims of sex discrimination and constructive unfair dismissal. The Employment Appeal Tribunal, in dismissing the employee's appeal, held that no error of law had been shown. On the facts and on limitation grounds, the sex discrimination claim failed. Further, the tribunal had made permissible findings on the facts in dismissing the constructive unfair dismissal claim.

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