Home Office v Bailey & Ors

Home Office v Bailey & Ors

Where statistical evidence shows a significant pay disparity between a group with a substantial number of women and a predominantly male comparator group, and the work is of equal value, a prima facie case of indirect sex discrimination is established. The employer must then objectively justify the disparity, regardless of the presence of men in the disadvantaged group. The Employment Tribunal was entitled to rely on statistical analysis to find prima facie discrimination.

Parties
Respondent: The Home Office; Appellants: Amanda Bailey and Others (including Ms. T Clemens and Mrs. H Pollak)
Jurisdiction
England and Wales
Judgment Date
22 March 2005
Procedural Posture
Civil Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Equal Pay, Indirect Discrimination, Burden of Proof, Objective Justification
Employment Law Equality Law Equal Pay Indirect Discrimination Burden of Proof Objective Justification

Case Brief

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Parties

The Home Office

Respondent

Amanda Bailey and Others (including Ms. T Clemens and Mrs. H Pollak)

Appellants

Procedural Posture

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

Legal Issues

  1. 1 Whether the Home Office was required to objectively justify less favourable terms for female employees evaluated as performing work of equal value to male comparators but paid less.
  2. 2 Whether statistical evidence of gender composition and pay disparity established a prima facie case of indirect sex discrimination.

Ratio Decidendi

Where statistical evidence shows a significant pay disparity between a group with a substantial number of women and a predominantly male comparator group, and the work is of equal value, a prima facie case of indirect sex discrimination is established. The employer must then objectively justify the disparity, regardless of the presence of men in the disadvantaged group. The Employment Tribunal was entitled to rely on statistical analysis to find prima facie discrimination.

Court Disposition

Appeal allowed

Orders

  • Order of the Employment Appeal Tribunal set aside
  • Decision of the Employment Tribunal restored