Mackereth v Department for Work and Pensions [2022]
Decision Number: EAT 99 Legal Body: Employment Appeal Tribunal (England & Wales)
Published on: 04/07/2022
Issues Covered:
Article Authors The main content of this article was provided by the following authors.
Jason Elliott BL Barrister & Associate Head of School of Law, Ulster University
Jason Elliott BL Barrister & Associate Head of School of Law, Ulster University
Jason elliott new
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Jason Elliott was called to the Bar of Northern Ireland in 2013 and is the Associate Head of School of Law at Ulster University.  As a practising barrister, he has developed a largely civil practice representing individuals, companies and public bodies in litigation. This covers a wide range of areas including personal injuries, wills and employment law. In terms of employment law, he has represented both applicants and respondents in the Industrial Tribunal.   At Ulster University, Jason lectures extensively on the civil areas of practise such as Equity and Trusts and delivers employment law lectures for both undergraduate and postgraduate students.

Claimant/Appellant:
Mackereth
Respondent:
Department for Work and Pensions
Background

The claimant, a doctor, started employment with the respondent as a health and disabilities assessor of benefits claimants. This required face-to-face assessment with claimants and a report to be subsequently written up. During induction, the claimant made it clear he had religious beliefs such that he could not agree to use the preferred pronouns as required by the respondent’s policies.

The respondent decided the claimant could not be moved into a non-customer facing role as that would require 12 months’ experience. Similarly, it would not be possible to have the claimant only examining non-transgender customers as it would not be possible to decide who is and who is not transgender before the assessment. The claimant subsequently left the employment

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 04/07/2022