Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

In the case of Sheikh v ADT (Tyco) Fire & Security UKEAT/0095/18/JOJ, Mr Sheikh claimed that he was subject to less favourable treatment because of race and/or disability in that he was being denied an opportunity for promotion by way of a grade rise, even though other non-disabled people had been promoted. He claimed that he had been waiting 6-7 years for a grade rise and 4 years for an appraisal. His claim of race and disability discrimination was dismissed by the ET and he appealed.

The EAT dismissed the appeal. They rejected the Claimant’s argument that he had made numerous requests for appraisals. The ET found as fact, on evidence which it was entitled to accept, that there was only one appraisal and the Claimant had not sought another.

The facts in Sheikh v ADT (Tyco) Fire & Security

The Claimant had worked as an engineer for the Respondent since 2006. The Respondent’s appraisal system was not very effective but engineers could request an appraisal if they wished a grade increase. The Claimant did so on 21 November 2012. The Claimant stated that Mr Baldwinson, his appraiser who also worked for the Respondent, made derogatory comments about the Claimant’s IT skills. The Claimant scored 72 out of 124 in the appraisal and Mr Baldwinson encouraged him to improve his IT skills. The procedure, in so far that there was one, to a grade increase had three components: an appraisal providing a target/goals setting, a meeting to follow up on this and a third requirement of a written grade test.

The tribunal found that the Claimant (who was a litigant in person) never asked for a second appraisal (stage 2) or to take a written test (stage 3). The tribunal had also found that at the initial hearing, the Claimant had been unable to present evidence showing that other engineers were being promoted in front of him and that this was because of discriminatory motives. The Claimant’s complaint, the tribunal felt, was a generic one about his lack of promotion and he could not mention any names of those promoted unfairly above him.

The decision of the EAT

The EAT concluded that the appeal had been allowed in order to deal with the fact that the Claimant believed that the tribunal had failed to deal with the assertion in his grievance letter that the Respondent would have been able to identify individuals who had been promoted, from its own records and this might have revealed disability/race discrimination.

The EAT stated that the task of the Tribunal had been to establish not why the Claimant had not progressed beyond grade 4, but to decide whether there was evidence before it from which it could conclude, absent any explanation, that the reason for his failure to progress was his disability. To that end the onus was on the Claimant to establish a prima facie case including the adducing of comparator evidence showing that his treatment was less favourable.

The EAT considered that the Claimant had not done so before the tribunal, that the tribunal was entitled to come to the decision it did and that there was no basis for the appeal which would be dismissed.

Our solicitors’ view on Sheikh v ADT (Tyco) Fire & Security

Caroline Lewis, a specialist employment solicitor at Redmans, commented on the case: “This case helps remind us of the advice provided by the CAB and Employment Tribunal Service to litigants in person that: “When you make a discrimination claim, you need to provide the employment tribunal with evidence from which it could decide that discrimination has happened. Only then is the employer required to show that discrimination has not happened. The obligation on you to provide this evidence is called the initial burden of proof. When you’ve done so, the burden of proof shifts to your employer. To satisfy your burden of proof, you need to show the tribunal facts from which the tribunal could decide, without any other explanation from your employer, that you’ve been discriminated against. If you can’t show these facts, your claim won’t succeed”.

About

Redmans Employment Team deal with employment matters for both employers and employees, including drafting employment contracts and policies, advising employers and employees on compromise agreements, handling day-to-day HR issues, advising on restructures, and handling Employment Tribunal cases for both employers and employees Call 020 3397 3603 to speak to one of the members of our employment team or email us on enquiries@redmans.co.uk. Redmans have offices in Richmond, Chiswick, Hammersmith, Fulham, Kingston, Wimbledon, Ealing, Kings Cross and Marylebone (meetings strictly by appointment only).

Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

Share →

Our awards

Request a callback

    Your first name (required)

    Your last name (required)

    Your email (required)

    Your telephone number (required)

    Brief details of your enquiry

    Contact us

    Please feel free to discuss your own position and concerns. Contact your nearest office on:

    T: 020 3397 3603
    E: enquiries@redmans.co.uk
    W: www.redmans.co.uk

    Testimonials

    4.78 Average

    216 Reviews

    Valentina D

    Great service from Mel, she was very good at explaining every part of the settlement agreement and very efficient dealing with the HR team. Very professional team, I would definitely use them again in future if the opportunity came up.

    Posted 2 hours ago

    Olaf S

    I was very happy with the service that I have received. Thank You Regards

    Posted 3 hours ago

    Rebecca A

    I had a wonderful solicitor called Caroline who was so helpful and gave me all the information I need and explained everything in detail so I was crystal clear. Would highly recommend if you are in need of a solicitor!

    Posted 2 days ago

    Gareth J

    Very efficient, helpful and pragmatic support from Caroline. Happy to work with my requirements / suggestions but also made some very good points which helped to achieve a higher settlement amount. Would highly recommend Caroline and Chris.

    Posted 2 days ago

    Ellen S

    Excellent, professional, timely. Friendly when I needed it most. Would recommend to anyone.

    Posted 3 days ago

    Ellen S

    Excellent, professional, timely. Friendly when I needed it most. Would recommend to anyone.

    Posted 3 days ago

    Cristina G

    Very professional and reliable. Timely answers, clear and to the point. Always looking for the best for their customers.

    Posted 4 days ago

    Rob T

    Very professional and on target - highly recommended.

    Posted 1 week ago

    Anonymous

    Very efficient service and knowledgeable solicitors.

    Posted 1 week ago

    Anonymous

    Excellent response time from first contact. Quick and easy completion of documents required. Fast response to any queries I made.

    Posted 1 week ago

    Anonymous

    Redmans Solicitors did a great job and were very professional at all times. Would definitely recommend.

    Posted 3 weeks ago

    Gary P

    All good advice, prompt and efficient

    Posted 2 months ago

    Anonymous

    Excellent advice and customer service.

    Posted 3 months ago

    Aneet G

    I would definitely recommend Redmans. Very impressed with service provided. They were extremely proactive in handling my case which made things easier for me. Provided sound advice and resolution. Special credit for this goes to Chris who dealt with my case with great determination and consideration.

    Posted 3 months ago

    Fern M

    Very efficient and friendly

    Posted 3 months ago

    Neville S

    A professional and friendly service, which I would highly recommend.

    Posted 3 months ago

    Daniel T

    Extremely helpful and made a bad situation much more manageable. Where other solicitors seemed disinterested in my situation Redmans immediately made me feel like it was a team effort to achieve a more favourable outcome

    Posted 3 months ago

    Paul T

    Excellent, quick and informative. Chris was a real star and gave me confidence during the uncertainty if a redundancy settlement.

    Posted 3 months ago

    Marina E

    Felt in very capable hands was listened to and given excellent advice. Would not hesitate to recomend and use again if needed.

    Posted 3 months ago

    Rosa B

    Fabulous service all round.

    Posted 3 months ago

    Anonymous

    Redmans were quick to respond to my enquiry and dealt with my case professionally and personably. I received sound advice and was put at ease by Chris Hadrill, Partner.

    Posted 3 months ago