Aitken v Commissioner of Police of the Metropolis
| Jurisdiction | England & Wales |
| Judgment Date | 18 May 2011 |
| Date | 18 May 2011 |
| Court | Court of Appeal (Civil Division) |
Court of Appeal
Before Lord Justice Mummery, Lord Justice Rix and Lord Justice Patten
Users of the tribunal system in discrimination cases and their professional advisers were reminded that they needed evidence to prove facts, facts on which to base legal submissions, and real, not imaginary questions of law for appeal.
The Court of Appeal (Lord Justice Mummery, Lord Justice Rix and Lord Justice Patten) so stated, inter alia, on May 18, 2011, when dismissing an appeal by Brian Aitken, a former policeman, from the dismissal by the Employment Appeal Tribunal (Mrs Justice Slade, Mr B. Fitzgerald and Ms G. Mills)UNK ([2011] 1 CMLR 58) of his appeal from the dismissal by an employment tribunal of his claims of, inter alia, direct disability, disability-related discrimination and harassment against the Commissioner of Police of the Metropolis.
LORD JUSTICE MUMMERY stated that the Court of Appeal should not be drawn into unnecessary speculation about what the law...
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Robert Owen v Amec Foster Wheeler Energy Ltd
...it is well established that the question of what would be a reasonable adjustment is a matter of fact and degree: see Aitken v Commissioner of Police of the Metropolis [2011] EWCA Civ 582; [2012] ICR 78, at para. 65 (Mummery LJ). That question is not one of 82 The relevant PCP for this pu......
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Mr Alastair Logan v BAE Systems Surface Ships Ltd: 4105086/2016
...5 perception of such a protected characteristic. 232. The Tribunal was referred to Aitken v Commissioner of Police of the Metropolis [2012] ICR 78 in which the Court of Appeal held that the ET was justified in finding that the reason for the respondent’s treatment the claimant was not his d......
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Mr J White v Transport for London and others: 2300219/2019 and others
...in the detrimental treatment, such as a decision to dismiss. 262. This was confirmed in Aitken v Commissioner of Police of the Metropolis 2012 ICR 78, CA, when the Court of Appeal when, on the facts of that case, the employer had not acted on the basis of stereotypical assumptions about men......
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Ms L Meachin v Henley-on-Thames Town Council: 3322384/2021
...without the need to concern itself with constructing a hypothetical comparator. 98. In Aitken v Commissioner of Police of the Metropolis [2012] ICR 78, the Court of Appeal held at para 41: On the comparator issue, the appeal tribunal repeated its conclusion that the employment tribunal had ......