The college failed to renew contracts for lecturers on one year fixed term contracts. A greater proportion of women were subject to such contracts, and the dismissal fell entirely on part time and hourly paid workforce. The condition which the complainant relied upon as discriminatory was that in order to qualify for re-engagement she had to show prior salaried employment.
Held: Having mis-identified the question the tribunal had the wrong starting point for calculating the proportions of men and women affected, and the case was to be remitted. After such a calculation, the tribunal would then have to ask whether the employer had considered alternative approaches and could justify the differences. The task of the employment tribunal was to carry out what was described as a ‘critical evaluation’.
Identifying the pool of comparators was not a matter of discretion or of fact-finding but of logic.
Judges:
Sedley LJ
Citations:
Times 03-Apr-2001, [2001] EWCA Civ 529, [2002] ICR 1189
Links:
Statutes:
Sex Discrimination Act 1975, Equal Treatment Directive (Council Directive 76/207/EEC
Jurisdiction:
England and Wales
Citing:
Appeal from – Allonby v Accrington and Rossendale College EAT 29-Mar-2000
EAT Sex Discrimination – Indirect – European Material – Article 19.
EAT European Material – Article 19
EAT Equal Pay Act – (no . .
Cited by:
Reference from – Allonby v Accrington and Rossendale College for Education and Employment ECJ 13-Jan-2004
ECJ Principle of equal pay for men and women – Direct effect – Meaning of worker – Self-employed female lecturer undertaking work presumed to be of equal value to that which is undertaken in the same college by . .
Cited – A C Redfearn v Serco Ltd T/A West Yorkshire Transport Service EAT 27-Jul-2005
The claimant said that he had been indirectly discriminated against on racial grounds. He was dismissed after being elected as a local councillor for the BNP. The employer considered that for Health and Safety reasons, his dismissal was necessary . .
Cited – Essop and Others v Home Office (UK Border Agency) SC 5-Apr-2017
The appellants alleged indirect race and belief discrimination in the conditions of their employment by the respondent. Essop came as lead claimant challenging the tests used for promotion. Statistics showed lower pass rates for BME candidates, but . .
Lists of cited by and citing cases may be incomplete.
Employment, Discrimination
Updated: 24 July 2022; Ref: scu.147484