Nelson v Carillion Services Ltd.
The appellant failed to establish, on the balance of probabilities, a prima facie case of indirect sex discrimination because the statistical evidence relied upon was not valid or significant; the burden of proof in such cases lies on the claimant to provide sufficient evidence of disproportionate adverse impact before the employer is required to justify the difference.
- Parties
- Appellant: Nelson; Respondent: Carillion Services Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 15 April 2003
- Procedural Posture
- Civil Appeal / Judgment on Appeal From Employment Appeal Tribunal
- Outcome
- Appeal dismissed
- Legal Topics
- Equal Pay, Indirect Discrimination, Burden of Proof
Case Brief
Summary, issues, holding and outcome
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Parties
Nelson
Appellant
Carillion Services Limited
Respondent
Procedural Posture
Civil Appeal / Judgment on Appeal From Employment Appeal Tribunal
Legal Issues
- 1 Whether the appellant established indirect sex discrimination under s1 of the Equal Pay Act 1970
- 2 Whether the burden of proof lies on the claimant or employer in indirect discrimination claims under the Act
Ratio Decidendi
The appellant failed to establish, on the balance of probabilities, a prima facie case of indirect sex discrimination because the statistical evidence relied upon was not valid or significant; the burden of proof in such cases lies on the claimant to provide sufficient evidence of disproportionate adverse impact before the employer is required to justify the difference.
Court Disposition
Appeal dismissed
Orders
- Appellant to pay respondent's costs of the appeal in the sum of £5,756.25
- Permission to appeal to the House of Lords refused
Full Case Text
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