The claimants were members of the defendant trades union which settled their claims for sex discrimination against local authorities. They said that the union had entered into a settlement which still discriminated against them, and that therefore the union was itself guilty of indirect sex discrimination.
Held: The claimants’ appeal succeeded, and the matter was remitted to the tribunal. The union had given preference in its settlement to those in need of pay protection and to achieving equality in the future. It had failed to address properly the need to maximise the claimants’ proper interests in claiming arrears of pay. Some received only 25% of what they should have received and many received nothing. The tribunal found the union to have mis-sold the decision to its members and to have tried to manipulate them. That was not justified in an attempt to achieve its other and proper aims.
Judges:
Lord Justice Tuckey, Lady Justice Smith and Lord Justice Maurice Kay
Citations:
[2008] EWCA Civ 810, Times 01-Sep-2008, [2008] IRLR 690, [2008] ICR 1407
Links:
Statutes:
Sex Discrimination Act 1975 1(2)(b) 12(3), Sex Discrimination (Indirect Discrimination and Burden of Proof) Regulations 2001 (SI 2001 No 2660)
Jurisdiction:
England and Wales
Employment, Discrimination
Updated: 20 December 2022; Ref: scu.270835
