GERALD PHILIP JONES v 3M HEALTHCARE LTD

GERALD PHILIP JONES v 3M HEALTHCARE LTD : NICHOLAS KIRKER v (1) AMBITIONS PERSONNEL (NOTTINGHAMSHIRE) LTD (2) BRITISH SUGAR PLC : D ANGEL v NEW POSSIBILITIES NHS TRUST : CHARMAINE BOND v HACKNEY CITIZENS ADVICE BUREAU (2002) LTL 27/2/2002
On 27 February 2002 the Court of Appeal ruled that you can’t try an action under s.4 Disability Discrimination Act 1995 if based on events that occured after termination of employment.
That decision echoes previous Court of Appeal decisions on the construction of similar provisions in the Sex Discrimination Act 1975 (Rhys-Harper v Relaxion Group plc (2001) EWCA Civ 634) and the Race Relations Act 1976 (D’Souza v Lambeth London Borough Council (2001) EWCA Civ 794). One noteworthy exception is a complaint of victimisation under the Sex Discrimination Act 1975 brought to ensure compliance with the Equal Treatment Directive, which can include protection against a post-termination event.
The Court of Appeal in Jones granted the complainants permission to appeal to the House of Lords. Applications for permission to appeal are also currently being considered by the House of Lords in Rhys-Harper and D’Souza. The Employment Appeal Tribunal in Jones has recommended that the substantive appeals should be heard together. Definitely one to watch for employment lawyers.
Sandhya Drew instructed by the Disability Rights Commission for the complainants. Jonathan Swift instructed by Greenwoods (Peterborough) for British Sugar. Thomas Kibling instructed by Eversheds (Nottingham) for 3M.
New Possibilities NHS Trust and Hackney Citizens Advice Bureau did not appear and were not represented.