D v E
| Jurisdiction | UK Non-devolved |
| Judge | Mathew Gullick (Deputy Judge |
| Subject Matter | Not landmark |
| Court | Employment Appeal Tribunal |
| Published date | 17 May 2023 |
Judgment approved by the court D v E
© EAT 2023 Page 1 [2023] EAT 66
Neutral Citation Number: [2023] EAT 66
Case No: EA-2021-000366-VP
EMPLOYMENT APPEAL TRIBUNAL
Rolls Building
Fetter Lane, London, EC4A 1NL
Date: 1 February 2023
Before :
MATHEW GULLICK KC, DEPUTY JUDGE OF THE HIGH COURT
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Between :
D Appellant
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E Respondent
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MS MARTINA MURPHY (Instructed via Advocate) for the Appellant
MS JULIE DUANE (Instructed by Make UK) for the Respondent
Hearing date: 1 February 2023
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JUDGMENT
Judgment approved by the court D v E
© EAT 2023 Page 2 [2023] EAT 66
SUMMARY
SEX DISCRIMINATION
The Employment Tribunal erred when striking out the claim of indirect sex discrimination arising
from the claimant’s dismissal, on the basis that dismissal was not a possible consequence of the
application of the particular (reformulated) provision, criterion or practice (PCP) relied on. The claim
was remitted to the Employment Tribunal.
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