James Bromige recently appeared in the EAT representing the Appellant in the case of Pulman v Merthyr Tydfil College Ltd UKEAT/0309/16/JOJ. The case concerned section 15 and section 20 EA 2010 discrimination claims as well as unfair dismissal. James succeeded on two of his grounds of appeal, with the remaining grounds stayed pending referral back to the original Tribunal under the Burns/Barke procedure.
The judgment (available here) is important for practitioners on several aspects. Firstly, the EAT confirmed the correct approach for assessing the applicability of the PCP for section 20 claims, namely the test in Griffiths rather than Paulley (paras 26-28).
Secondly, the EAT criticised the Tribunal’s approach in adopting the same findings of fact for the section 15 and section 20 claims (paras 38-40). It is important for practitioners not to fall into the same trap and ensure that pleadings are properly drafted to correctly differentiate between the two.
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