| Source: | All England Reporter |
| Publisher Citation: | [2004] All ER (D) 216 (Oct) |
| Court: | Employment Appeal Tribunal, Scotland |
| Judge: | Lord Johnston, Mr P Pagliari and Miss G Lenaghan |
| Representation | Angus McPherson of Drummond Miller, Glasgow for the employee. |
| Brian Napier QC (instructed by Pinsent Curtis Biddle, Leeds) for the employer. | |
| Judgment Dates: | 26 August 2004 |
Catchwords
Discrimination - Sex discrimination - Employment - Access to train driver training scheme - Tribunal making finding of direct sex discrimination - Correctness of decision.
The Case
The employment tribunal's decision that there had been direct sex discrimination against the employee in respect of her non-selection for a position as a trainee train driver was perverse: the evidence did not support a finding of direct discrimination and the tribunal had not been entitled to draw the positive inference which it had of direct discrimination from its negative assessment of the employer's case.
Practice Areas
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