The employees alleged sex discrimination. As domestics who were mostly women, they were not paid the bonuses which went to porters. In making the claim, they excluded another group, namely caterers who were also mostly female, but also received the bonuses.
Held: When setting up the comparator groups, the advantaged groups should not be artificially reduced by omitting groups which also took the advantage claimed to be denied.
Judges:
Lord Justice Keene Lord Justice Auld Sir Christopher Staughton
Citations:
Times 10-May-2006, [2006] EWCA Civ 523, [2006] IRLR 546, [2006] ICR 1267
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Enderby v Frenchay Health Authority and Another ECJ 27-Oct-1993
Discrimination – Shifting Burden of Proof
(Preliminary Ruling) A woman was employed as a speech therapist by the health authority. She complained of sex discrimination saying that at her level of seniority within the NHS, members of her profession which was overwhelmingly a female . .
Appeal from – Cheshire and Wirral Partnership NHS Trust v S Abbott EAT 13-Sep-2005
EAT Practice and Procedure – Appellate jurisdiction/Reasons/Burns-Barke. . .
Lists of cited by and citing cases may be incomplete.
Discrimination, Employment
Updated: 06 July 2022; Ref: scu.242013