||All England Reporter
|| All ER (D) 216 (Oct)
||Employment Appeal Tribunal, Scotland
Lord Johnston, Mr P Pagliari and Miss G Lenaghan
||Angus McPherson of Drummond Miller, Glasgow for the employee.
||Brian Napier QC (instructed by Pinsent Curtis Biddle, Leeds) for the employer.
||26 August 2004
Discrimination - Sex discrimination - Employment - Access to train driver training scheme - Tribunal making finding of direct sex discrimination - Correctness of decision.
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.
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