Source: All England Reporter
Publisher Citation: [2002] All ER (D) 47 (Sep)
Court: Court of Appeal, Civil Division

Peter Gibson, Arden LJJ and Cresswell J

Representation Witold Pawlak (instructed by Bevans, Bristol) for the employee.
  Brian Langstaff QC and Laura Elfield (instructed by Doreen Forrester-Brown) for the authority.
Judgment Dates: 30 July 2002


Employment - Discrimination against a woman - Act of discrimination - Employee receiving reference with unflattering phrases - Employee claiming phrases gender specific - Employment tribunal ruling phrases not gender specific - Whether tribunal in error.

The Case

An employment tribunal had not erred in law by finding that phrases such as 'uncontained anxiety', 'over-identification', 'having conspiracy theories', 'impulsiveness' and 'lack of stability' were not gender-specific, and thus the applicant employee could not base a claim for sex discrimination on the use of those phrases in a reference.

Practice Areas

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