Lycee Francais Charles de Gaulle v Delambre UKEAT/0563/10

The EAT in this case upheld recommendations made by a tribunal following its decision that an employee had been unlawfully discriminated against on the grounds of age and victimised.  The recommendations required circulation of the tribunal’s merits and remedy decisions to the members of the board of governors and senior management team, review and amendment of the Lycee’s discipline and grievance, equality and recruitment policies by a qualified HR adviser and formal equality and diversity training to be delivered throughout the Lycee’s organisation. 

Ms Delambre’s application for promotion was turned down on the grounds of age.  When she brought a grievance about this the Lycee raised issues about her conduct.  She succeeded in her claims for unlawful age discrimination and victimisation.  The Lycee appealed against the tribunal’s recommendations which it had made when it saw no evidence of change in the Lycee’s “staggering” and “wilful” ignorance of UK employment law.   

Key point:  The case was decided before the Equality Act 2010 came into force but under the new Act a tribunal has a wider remit since it can make recommendations that will reduce the adverse effect of any matter to which proceedings relate regardless of whether the adverse effect was on the employee or any other person.  Therefore it will be harder to challenge recommendations such as those made in this case where the employee no longer works for the employer.