News

Employment Appeal Tribunal Success for Trinity Barrister in Landmark Equality Act Case


Trinity Employment Law barrister, James McHugh acted for the Respondent at the Employment Appeal Tribunal in an appeal concerning whether Interim Relief ought to be available for dismissals which contravene the Equality Act 2010.

In Steer v Stormsure Ltd UKEAT/0216/20/AT(V) the Appellant argued that the lack of a right to interim relief for dismissals which contravene the Equality Act 2010 was a breach of European Law and the European Convention on Human Rights(ECHR).

Given the imminent expiration of the EU-transition period, the Appeal, which related to complex issues of EU law, was heard on an urgent basis.

Employment Appeal Tribunal Judge Mr Justice Cavanagh dismissed the Appeal finding that there was no breach of European Law and that the EAT had no power to read into the Equality Act the remedy that the Appellant sought for the breach of the ECHR.

Permission has been granted to take the case to the Court of Appeal on the ECHR point.

For any queries regarding Trinity Chambers’ Employment barristers or employment law related Alternative Dispute Resolution (ADR), mediations or arbitrations, contact Steve Walker or Paul McNab in the civil clerking team.

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