The local authority’s redundancy policy required the school first to choose for redundancy those on fixed term temporary contracts. The applicant’s contract had not been renewed, and she had been replaced by a teacher with lesser qualifications. The policy adversely affect more women than men and was indirect discrimination, and it was for the school to justify following it. It had to show that the policy met some need, but that question was never addressed. The school had to show the need in this situation to use the policy, not that the policy was widely followed.
Judges:
Schiemann, Latham LJJ, Sir Christopher Slade
Citations:
Times 03-Apr-2001, Gazette 07-Jun-2001, [2001] EWCA Civ 385
Links:
Statutes:
Sex Discrimination Act 1975 1(1)(b) (i)
Jurisdiction:
England and Wales
Citing:
At EAT -1 – Whiffen v Milham Ford Girls School and Another EAT 12-Feb-1998
. .
Appeal from – Whiffen v Milham Ford Girls School and Another EAT 28-Oct-1999
. .
Lists of cited by and citing cases may be incomplete.
Employment, Discrimination
Updated: 31 May 2022; Ref: scu.147478