Mark Green successful in the ‘virtual’ EAT

29th April 2020

3PB employment barrister Mark GreenMark GreenCall: 2006 appeared in one of the first video EAT full hearings.

In Omar Kalif v Evolve Hospitality Limited UKEAT/0313/19/LA, the Claimant appealed on the basis that the ET had failed to consider the full extent of a PCP in a claim for indirect religious discrimination. The PCP concerned a Chef's alleged requirement to handle pork products. The Respondent’s position was that the Claimant had never been required to handle such products.

The Claimant argued that being booked for an event at which he was unaware involved handling pork, even if he did not end up working at that event, was enough to constitute application of the PCP. Kerr J dismissed the appeal, finding that even if there had been an error of law (which he did not find), the outcome would not have been any different as there was no requirement for him, as a matter of fact, to handle pork products. Jafri v Lincoln College [2014] IRLR 544 applied.