Haq & Ors v The Audit Commission

Haq & Ors v The Audit Commission

The majority of the Court of Appeal held that the Employment Tribunal made errors of law in its approach to objective justification, entitling the Employment Appeal Tribunal to substitute its own decision. The pay protection policy was a legitimate aim, applied equally, and the alternatives proposed by the Claimants were flawed. The appeal was dismissed and the EAT's decision to dismiss the claims was upheld.

Parties
Appellants: Ms S Haq & Ors; Respondent: The Audit Commission
Jurisdiction
England and Wales
Judgment Date
06 December 2012
Procedural Posture
Civil Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal
Outcome
Appeal dismissed (by majority)
Legal Topics
Equal Pay, Indirect Sex Discrimination, Objective Justification, Employment Tribunal Procedure
Employment Law Discrimination Law Equal Pay Indirect Sex Discrimination Objective Justification Employment Tribunal Procedure

Case Brief

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Parties

Ms S Haq & Ors

Appellants

The Audit Commission

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the Employment Tribunal erred in law in finding prima facie indirect sex discrimination in pay against the Claimants.
  2. 2 Whether the Employment Tribunal erred in law in finding that the Audit Commission failed to establish objective justification for the pay disparity.

Ratio Decidendi

The majority of the Court of Appeal held that the Employment Tribunal made errors of law in its approach to objective justification, entitling the Employment Appeal Tribunal to substitute its own decision. The pay protection policy was a legitimate aim, applied equally, and the alternatives proposed by the Claimants were flawed. The appeal was dismissed and the EAT's decision to dismiss the claims was upheld.

Court Disposition

Appeal dismissed (by majority)

Orders

  • The order of the Employment Appeal Tribunal dismissing the claims is upheld.
  • No remission to the Employment Tribunal; the EAT's decision stands.