Sex Discrimination: Inferring Discrimination – The Claimant worked on an agency basis as an engineer at Sellafield Nuclear Power Plant; she was the only woman in a male dominated world. After only 12 weeks her contract was terminated and she was escorted from site.
She brought claims for sex discrimination and/or harassment based on 17 allegations, including the termination of her contract. The Employment Tribunal rejected all the claims on the basis either that she had not proved the allegation itself or not proved that any treatment or conduct involved was because of or related to her sex.
The Employment Tribunal did not approach its fact-finding task properly both in relation to finding ‘primary facts’ and in relation to the proper inferences to be drawn on discrimination. They failed to have regard to the overall picture presented by the evidence or the totality of the circumstances from which inferences could be drawn; they failed to make proper assessments of the parties and the witnesses; they failed to properly consider factors pointing towards discrimination; and they placed too ready a reliance on the burden of proof.
Overall, this was an error of law and the appeal had to be allowed and the whole matter remitted to a fresh Employment Tribunal for re-hearing.
Judges:
Shanks HHJ
Citations:
[2017] UKEAT 0283 – 16 – 1403
Links:
Jurisdiction:
England and Wales
Employment
Updated: 24 March 2022; Ref: scu.582066