Discrimination appeal allowed by EAT despite HR Director’s intentions being ‘benign’


Re: Dr V J Lyfar-Cisse v Brighton and Sussex University Hospital NHS Trust and Others UKEAT/0172/14/MC

The employment tribunal failed to address adequately or at all, two of three allegations of unlawful discrimination by the NHS Trust’s HR Director’s intervention in a grievance on the basis that the director’s intentions had been benign. However laudable a person’s intentions were, that did not mean that his actions might not inadvertently disadvantage someone on prohibited grounds.

The appeal was allowed on the basis that (1) tribunal had failed to address the relevant allegations (see paras 32-36 of judgment); (2) The tribunal had repeatedly referred to a requirement on L to establish facts from which it would be legitimate and right to draw inferences. It had not been shown that it had adopted the correct approach at the first stage (paras 40-41) and; (3) The relevant allegations would be remitted to the same tribunal (paras 43-44).

Thomas Kibling was involved in this case.