Owen and Briggs v James: CA 1981

Sex need not be the sole ground on which the less favourable treatment is based. Provided that it is a significant factor, albeit one of a number of factors, the others being gender-neutral, it will be open to an Industrial Tribunal to find that discrimination on the ground of sex had occurred.
Held: Stephenson LJ approved the dictum of Slynn J at the EAT now appealed from.

Judges:

Stephenson LJ

Citations:

[1982] ICR 618, [1982] IRLR 502

Jurisdiction:

England and Wales

Citing:

Appeal fromOwen and Briggs v James EAT 1981
Slynn J said: ‘if the Tribunal finds that a substantial reason for what has happened is that a candidate has not been considered for a post or has been refused an appointment because of his or her race then it seems to us that the Tribunal is . .

Cited by:

CitedMurphy v Sheffield Hallam University EAT 11-Jan-2000
The claimant challenged refusal of his claim of discrimination. He was profoundly deaf. He applied for work, and indicated his disability, but no provision was made for a signer to appear at the interview. The interview was re-arranged, but he . .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination

Updated: 20 August 2022; Ref: scu.198255