EAT SEX DISCRIMINATION
Inferring discrimination
Burden of proof
Pregnancy and discrimination
REDUNDANCY
An employee who was the only one of a number of bar staff who was selected for dismissal by reason of purported redundancy, only a matter of days after she had announced that she was pregnant, had her claim of discrimination on the ground of pregnancy or sickness related to pregnancy dismissed, since the Tribunal held itself unable to infer a prima facie case of discrimination. Arguments that it had adopted the wrong approach in law by focussing upon whether the redundancy was genuine, the selection criteria objective, and the scoring such that in any event the claimant would have been selected.
Held: the Tribunal was entitled to come to the conclusion it did, and it could not be said that the burden of proof should have been held to have passed to the Respondent employer. Allegations of bias, by interruption and questioning of the approach of the Claimant’s solicitor, rejected.
Judges:
Langstaff J P
Citations:
[2012] UKEAT 0017 – 12 – 1907
Links:
Jurisdiction:
England and Wales
Employment, Discrimination
Updated: 04 November 2022; Ref: scu.463157
