Wheeler & Anor v Durham County Council [2001] EWCA Civ 844 (23 May 2001)

Wheeler & Anor v Durham County Council [2001] EWCA Civ 844 (23 May 2001)

The Employment Tribunal applied the correct legal test, considered the relevant evidence and allegations, and was entitled to conclude that there was no sex discrimination in the recruitment process. The absence of detailed explanations for every procedural deviation did not amount to an error of law, as the facts did not support an inference of discrimination.

Citation
[2001] EWCA Civ 844
Parties
Claimant/respondent: Mrs J K Wheeler; Claimant/respondent: Mrs H Newton; Defendant/appellant: Durham County Council
Jurisdiction
England and Wales
Judgment Date
23 May 2001
Procedural Posture
Appeal From Employment Appeal Tribunal / Court of Appeal Judgment
Outcome
Appeal allowed; Employment Appeal Tribunal decision set aside; original Employment Tribunal decision restored.
Legal Topics
Sex Discrimination, Recruitment and Selection Procedures, Burden of Proof in Discrimination Cases
Employment Law Discrimination Law Sex Discrimination Recruitment and Selection Procedures Burden of Proof in Discrimination Cases

Case Brief

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Parties

Mrs J K Wheeler

Claimant/respondent

Mrs H Newton

Claimant/respondent

Durham County Council

Defendant/appellant

Procedural Posture

Appeal From Employment Appeal Tribunal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal erred in law in dismissing claims of sex discrimination in the recruitment process for a section head post.
  2. 2 Whether the Employment Tribunal failed to provide adequate reasons or explanations for deviations from standard recruitment procedures.

Ratio Decidendi

The Employment Tribunal applied the correct legal test, considered the relevant evidence and allegations, and was entitled to conclude that there was no sex discrimination in the recruitment process. The absence of detailed explanations for every procedural deviation did not amount to an error of law, as the facts did not support an inference of discrimination.

Court Disposition

Appeal allowed; Employment Appeal Tribunal decision set aside; original Employment Tribunal decision restored.

Orders

  • Appeal allowed with costs.