Jeffrey Jupp KC appears for the Appellant in a successful appeal to Employment Appeal Tribunal, on remission from the Court of Appeal

7BR’s Head of Employment Team, Jeffrey Jupp KC successfully represented the Appellant before the Employment Appeal Tribunal in Dr Nicholas Jones v The Secretary of State for Health and Social Care [2025] EAT 76.

The appeal concerned the use of comparators in recruitment decisions and followed a successful appeal to the Court of Appeal on the issue of extensions of time under s.123 Equality Act 2010. The Court of Appeal remitted the appeal to the EAT.

The EAT held that race discrimination can be established in multi-stage recruitment processes if the comparator would not have passed an initial sift had they not been treated more favourably that the claimant because of race. The EAT held this can amount to the detrimental treatment of the claimant, who, if the comparator had not progressed to the next stage, would have been appointed to the role. The EAT was also critical of the Employment Tribunal’s failure to analyse whether the other candidate was an actual or evidential comparator, and, if so, to consider the scoring of the claimant as against that candidate.

Jeffrey acted for the Appellant pro bono in both the EAT and Court of Appeal, instructed through Advocate.

You can read the full judgment here.

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