Lack of interim relief in discrimination claims is lawful (Steer v Stormsure Ltd)

The inability of a claimant to obtain interim relief from the employment tribunal in a dismissal claim alleging sex discrimination and victimisation does not breach Article 14 of the European Convention on Human Rights (ECHR), according to the Court of Appeal.

Steer v Stormsure Ltd [2021] EWCA Civ 887 

What are the practical implications of this case?

This case raises an interesting point of law, namely whether the lack of availability of interim relief in claims of discrimination involving a dismissal — when such relief is available in claims such as whistleblowing dismissals — is in breach of Article 14 (prohibition of discrimination) of the European Convention on Human Rights, when read alongside Articles 6 (right to a fair trial) or 8 (right to respect for private and family life). The Court of Appeal, disagreeing with the earlier judgment of the EAT, found that the differences in available remedies did not breach Article 14 because:

• the fact that interim relief is available to a dismissed whistleblower but not to a claimant alleging sex discrimination is not discrimination on the grounds of sex (interim relief not being available to men or women claiming discrimination or claimants relying on other protected characteristics)
• neither was it discrimination on the grounds of ‘other status’, since being a litigant in one type of case (e.g. a discrimination claim) is not a status
• the remedies available in a sex discrimination claim, taken as a whole, are not in any event less favourable to the claimant than those available to a dismissed whistleblower, and
• even if they were, the difference in treatment by the legislature has been shown to be justified

Since this judgment finds that the status quo is compatible with obligations under the ECHR, there are no changes (as might have been anticipated following the EAT’s earlier decision) for those litigating discrimination claims.

Case details

• Court: Court of Appeal
• Judges: Lord Justice Bean, Lady Justice Elisabeth Laing, Lord Justice Warby
• Date: 11 June 2021

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