21 July 2023
A recent employment appeal concerning a teacher dismissed for expressing gender-critical views on Facebook is a significant development in employment law because the Employment Appeal Tribunal (EAT) focused on the ‘reason why’ question. In this week’s NLJ, Charles Pigott, professional support lawyer, Mills & Reeve, explains why the EAT’s approach ‘marks a significant development’ for discrimination claims, breaking new ground.
Pigott writes: ‘Perhaps because there was no parallel claim for indirect discrimination, this is believed to be the first EAT decision where a human rights analysis has provided the starting point for the analysis of the “reason why” question under s 13 of the Equality Act 2010 (EqA 2010), which provides the statutory definition of direct discrimination.’
In its judgment, the Employment Appeal Tribunal offered guidance to help employment tribunals approach the proportionality assessment in this and future cases.
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