Miss Janet Parker

Case Summary

This is an EAT appeal concerning whether an Employment Tribunal erred in its application of the burden of proof in religion or belief discrimination and harassment claims. The claimant, a qualified Chartered Accountant and non-Catholic, was employed by the claimant as Head of Finance. Following her return from adoption leave with a request for flexible working, she faced investigatory and disciplinary proceedings initiated by her line manager. The appeal addresses the legal principles governing discrimination claims based on protected characteristics.

• •Whether the Employment Tribunal erred in law in its approach to the burden of proof when considering complaints of religion or belief discrimination and linked harassment
• •Whether the claimant's treatment arose because of her religion or belief (as a non-Catholic) or because of her request for flexible working on return from adoption leave
• •Procedural fairness in investigation and disciplinary process

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