| Source: | All England Reporter |
| Publisher Citation: | [2003] All ER (D) 253 (Apr) |
| Neutral Citation: | [2003] EWCA Civ 544 |
| Court: | Court of Appeal, Civil Division |
| Judge: | Simon Brown, Dyson and Scott Baker LJJ |
| Representation | Brian Langstaff QC (instructed by Whittles) for the employee. |
| Tom Linden (instructed by the Solicitor for the Engineering Employers' Federation) for the employer. | |
| Judgment Dates: | 15 April 2003 |
Catchwords
Discrimination - Sex discrimination - Employment - Discrimination against a woman - Burden of proof - s 1(3).
The Case
In an indirect discrimination case the burden of proving disproportionate adverse impact lay on the complainant and merely to raise a credible suggestion that, were the relevant (valid and significant) statistics provided, those might establish disproportionate impact was not sufficient for the employee's purposes and imposed no further burden of explanation upon the employer.
Practice Areas
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