Cheshire & Wirral Partnership NHS v Abbott & Ors [2006] EWCA Civ 523 (04 April 2006)

Cheshire & Wirral Partnership NHS v Abbott & Ors [2006] EWCA Civ 523 (04 April 2006)

Although the tribunal erred in confining the comparator group to porters only, the correct comparator group (porters and caterers) was still predominantly male and the statistical evidence established a prima facie case of indirect sex discrimination. The error did not affect the outcome, and the appeal was dismissed.

Citation
[2006] EWCA Civ 523
Parties
Defendant/appellant: Cheshire & Wirral Partnership NHS; Claimant/respondent: Abbott & Ors
Jurisdiction
England and Wales
Judgment Date
04 April 2006
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From Employment Appeal Tribunal
Outcome
Appeal dismissed
Legal Topics
Equal Pay, Indirect Sex Discrimination, Comparator Groups, Objective Justification
Employment Law Equality Law Equal Pay Indirect Sex Discrimination Comparator Groups Objective Justification

Case Brief

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Parties

Cheshire & Wirral Partnership NHS

Defendant/appellant

Abbott & Ors

Claimant/respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From Employment Appeal Tribunal

Legal Issues

  1. 1 Whether the employment tribunal used the correct comparator group for assessing indirect sex discrimination under the Equal Pay Act 1970
  2. 2 Whether the statistical pool used was valid and significant for the purposes of establishing a prima facie case of discrimination

Ratio Decidendi

Although the tribunal erred in confining the comparator group to porters only, the correct comparator group (porters and caterers) was still predominantly male and the statistical evidence established a prima facie case of indirect sex discrimination. The error did not affect the outcome, and the appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed