EAT SEX DISCRIMINATION
Indirect
RACE DISCRIMINATION
Indirect
Appeal by MOD against ET’s findings of indirect sex and race discrimination. Claimant was a female soldier in the army, from St. Vincent and the Grenadines, who was also a single parent with a young daughter. The ET found that two provisions, criteria or practices were applied to her by the MOD, namely that she be a soldier available for deployment on a 24/7 basis; and also that she could not have a member of her extended family (a half-sister) to stay with her in the Service Families Accommodation because she was a foreign national only entitled to stay in the UK for a short period. The ET found that these PCPs had not been shown to be a proportionate means of achieving a legitimate aim and upheld the claims.
The EAT dismissed the MOD’s appeal.
Judges:
Cox J
Citations:
[2009] UKEAT 0048 – 09 – 1210, [2010] IRLR 471
Links:
Employment, Discrimination
Updated: 04 August 2022; Ref: scu.376158