British Airways Plc v Grundy [2008] EWCA Civ 875 (28 July 2008)

British Airways Plc v Grundy [2008] EWCA Civ 875 (28 July 2008)

The absence of increments for support cabin crew was found to be unlawful sex discrimination, as British Airways failed to provide objective justification for the disparate impact on women. The reasons advanced—collective bargaining, administrative convenience, and rewarding loyalty—were not sufficient, either individually or cumulatively, to justify the pay disparity under the Equal Pay Act 1970.

Citation
[2008] EWCA Civ 875
Parties
Appellant Defendant: British Airways PLC; Respondent Claimant: Mrs V Grundy
Jurisdiction
England and Wales
Judgment Date
28 July 2008
Procedural Posture
Appeal From Employment Appeal Tribunal / Court of Appeal Judgment on Cross Appeal Regarding Justification Defence
Outcome
Appeal dismissed
Legal Topics
Equal Pay, Indirect Discrimination, Objective Justification, Sex Discrimination
Employment Law Equality Law Equal Pay Indirect Discrimination Objective Justification Sex Discrimination

Case Brief

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Parties

British Airways PLC

Appellant Defendant

Mrs V Grundy

Respondent Claimant

Procedural Posture

Appeal From Employment Appeal Tribunal / Court of Appeal Judgment on Cross Appeal Regarding Justification Defence

Legal Issues

  1. 1 Whether British Airways' pay structure for support cabin crew constituted indirect sex discrimination under the Equal Pay Act 1970
  2. 2 Whether the employer's justification for the pay disparity was objectively sufficient

Ratio Decidendi

The absence of increments for support cabin crew was found to be unlawful sex discrimination, as British Airways failed to provide objective justification for the disparate impact on women. The reasons advanced—collective bargaining, administrative convenience, and rewarding loyalty—were not sufficient, either individually or cumulatively, to justify the pay disparity under the Equal Pay Act 1970.

Court Disposition

Appeal dismissed

Orders

  • British Airways' appeal on justification is dismissed
  • Employment tribunal's finding of unlawful sex discrimination is restored