Hurley v Mustoe: EAT 1981

The EAT was concerned with an employer’s refusal to employ women with small children because he regarded them as unreliable employees and needed to have reliable staff for his small business. ‘[W]e are not deciding whether or not women with children as a class are less reliable employees. Parliament has legislated that they are not be treated as a class but as individuals. No employer is bound to employ unreliable employees, whether men or women. But he must investigate each case, and not simply apply what some would call a rule of convenience and others prejudice to exclude a whole class of women or married persons because some members of that class are not suitable employees.’

Judges:

Browne-Wilkinson J

Citations:

[1981] ICR 490

Cited by:

CitedEuropean Roma Rights Centre and others v Immigration Officer at Prague Airport and Another CA 20-May-2003
A scheme had been introduced to arrange pre-entry clearance for visitors to the United Kingdom by posting of immigration officers in the Czech Republic. The claimants argued that the system was discriminatory, because Roma visitors were now . .
Lists of cited by and citing cases may be incomplete.

Discrimination, Employment

Updated: 28 April 2022; Ref: scu.182468