Site icon swarb.co.uk

British Road Services Ltd v Loughran: CA 1997

Lord Justice Kerr said: ‘Firstly, as I have pointed out, it was the applicant in Enderby [1993] IRLR 591 who first used the expression ‘almost exclusively’ to refer to the female group. I consider that the Court of Justice was merely reflecting the factual situation which obtained in that case in so stating its conclusion. Secondly, and more importantly, the relevance of the number of females in the group is an indicator of it being traditionally a less well paid group on account of its being composed mainly of women. Logically a group comprising 75% females and 25% males has the capacity to provide such an indication. Whether it does in fact is a matter for the tribunal to decide.’

Judges:

Lord Justice Kerr

Citations:

[1997] IRLR 92

Jurisdiction:

England and Wales

Cited by:

CitedSouth Tyneside Metropolitan Borough Council v Anderson and others EAT 26-Mar-2007
The council appealed a finding that there was no genuine material factor justifying a difference in pay, and in particular the availability of bonus schemes. . .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination

Updated: 14 June 2022; Ref: scu.253247

Exit mobile version