Allen & Ors v GMB

Allen & Ors v GMB

The union's negotiation practices, including manipulation and failure to provide full information to female members, were part of the means adopted to achieve legitimate aims. These means were disproportionate, resulting in unjustified indirect sex discrimination. The Employment Tribunal did not err in law in its approach to justification, and the Employment Appeal Tribunal was wrong to overturn its decision.

Parties
Appellant: Allen & ors; Respondent: GMB
Jurisdiction
England and Wales
Judgment Date
16 July 2008
Procedural Posture
Civil Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal
Outcome
Appeal allowed; decision of Employment Tribunal on indirect discrimination restored; case remitted for remedies hearing.
Legal Topics
Indirect Discrimination, Sex Discrimination, Trade Union Duties, Equal Pay
Labour Law Discrimination Law Indirect Discrimination Sex Discrimination Trade Union Duties Equal Pay

Case Brief

Summary, issues, holding and outcome

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Parties

Allen & ors

Appellant

GMB

Respondent

Procedural Posture

Civil Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal

Legal Issues

  1. 1 Whether the union's negotiation and settlement practices amounted to indirect sex discrimination under the Sex Discrimination Act 1975
  2. 2 Whether the means adopted by the union to achieve legitimate aims were proportionate
  3. 3 Whether the union's actions constituted victimisation

Ratio Decidendi

The union's negotiation practices, including manipulation and failure to provide full information to female members, were part of the means adopted to achieve legitimate aims. These means were disproportionate, resulting in unjustified indirect sex discrimination. The Employment Tribunal did not err in law in its approach to justification, and the Employment Appeal Tribunal was wrong to overturn its decision.

Court Disposition

Appeal allowed; decision of Employment Tribunal on indirect discrimination restored; case remitted for remedies hearing.

Orders

  • Employment Tribunal's finding of indirect discrimination reinstated
  • Case remitted to Employment Tribunal for determination of remedies