Glynn & Anor v DVLA [1997] UKEAT 481_96_0702 (7 February 1997)

Glynn & Anor v DVLA [1997] UKEAT 481_96_0702 (7 February 1997)

The Tribunal was entitled to find, on the evidence, that the difference in treatment between the female and male employees was due to the employer's assessment of the relative culpability and not due to sex; therefore, no unlawful sex discrimination was established.

Citation
[1997] UKEAT 481_96_0702
Parties
Advocate for Appellants: P Nicholls; Solicitors for Appellants: Messrs Graham Evans & Partners; Advocate for Respondents: Ms D Rose; Solicitors for Respondents: Messrs Eversheds; Respondent/employer: Driver & Vehicle Licensing Agency; Appellants/employees: Two female employees (Mrs Nicholas and Mrs Glynn)
Jurisdiction
United Kingdom
Judgment Date
07 February 1997
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal Decision
Outcome
Appeal dismissed
Legal Topics
Sex Discrimination, Disciplinary Procedures, Comparators in Discrimination, Industrial Tribunal Procedure

Case Brief

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Parties

P Nicholls

Advocate for Appellants

Messrs Graham Evans & Partners

Solicitors for Appellants

Ms D Rose

Advocate for Respondents

Messrs Eversheds

Solicitors for Respondents

Driver & Vehicle Licensing Agency

Respondent/employer

Two female employees (Mrs Nicholas and Mrs Glynn)

Appellants/employees

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal Decision

  1. 1 Whether the demotion of the female employees constituted unlawful sex discrimination under employment law
  2. 2 Whether the difference in disciplinary treatment between female and male employees was explained by sex or by other factors

Ratio Decidendi

The Tribunal was entitled to find, on the evidence, that the difference in treatment between the female and male employees was due to the employer's assessment of the relative culpability and not due to sex; therefore, no unlawful sex discrimination was established.

Court Disposition

Appeal dismissed

Orders

  • Leave to appeal refused