25th – 26th May 2021
This is an appeal by the Claimant concerning the bar on those who are dismissed on discriminatory grounds from obtaining orders for interim relief.
The C presented a claim in the ET alleging that she was dismissed by R and that the dismissal amounted to sex discrimination and/or victimisation on the grounds that she had done a protected act.
The ET refused her application for interim relief.
On appeal to the EAT she accepted that no such right appeared on the face of the Equality Act 2010. However she argued that such a right must be read into the 2010 Act as this was required by Art 14 ECHR.
In an order dated 21/12/20 the EAT (Cavanagh J) held that the disparity of protection contravened Article 14 of the ECHR, but that there was no means available to the EAT to remedy the derogation.