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Martin Fodder wins appeal in EAT concerning marriage discrimination (s.8 of the Equality Act 2010)

Martin Fodder appeared for the successful appellant in the Employment Appeal Tribunal in Rev. J. Gould v The Trustees of St John’s Downshire Hill, 5.10.2017, [2017] UK EAT 0115 17 0510.  Simler P held that the Employment Judge had been wrong to conclude that the Rev Gould’s case did not engage the protected characteristic of marriage in section 8 of the Equality Act 2010, i.e. marriage. On a reasonable reading of his pleaded case, the facts give rise to an arguable case that it was Rev Gould’s married status and his marital difficulties as a married man that led to his dismissal. That composite reason was, on his case, the reason for respondent employer’s  treatment of him and that case should have been permitted to proceed to a full hearing. 

Click here to download the ET judgement

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