B v A [2007] UKEAT 0450_06_0901 (9 January 2007)

B v A [2007] UKEAT 0450_06_0901 (9 January 2007)

The dismissal of the Claimant was due to jealousy and the discovery of her relationship with another man, not because of her sex. The Tribunal erred in applying a 'but for' test and failed to construct a proper comparator. The correct legal approach requires determining the actual reason for the treatment and making an appropriate comparison. There was no evidence that the dismissal was on grounds of sex.

Citation
[2007] UKEAT 0450_06_0901
Parties
Claimant/respondent: A; Respondent/appellant: B
Jurisdiction
United Kingdom
Judgment Date
09 January 2007
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal
Outcome
Appeal allowed; Claimant's claim of sex discrimination dismissed.
Legal Topics
Sex Discrimination, Direct Discrimination, Unfair Dismissal, Comparators in Discrimination Cases
Employment Law Discrimination Law Sex Discrimination Direct Discrimination Unfair Dismissal Comparators in Discrimination Cases

Case Brief

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Parties

A

Claimant/respondent

B

Respondent/appellant

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal

Legal Issues

  1. 1 Whether the dismissal of the Claimant constituted direct sex discrimination under the Sex Discrimination Act 1975
  2. 2 Whether the Employment Tribunal erred in applying a 'but for' test instead of the correct legal test for discrimination
  3. 3 Whether a proper comparator was constructed in the Tribunal's analysis

Ratio Decidendi

The dismissal of the Claimant was due to jealousy and the discovery of her relationship with another man, not because of her sex. The Tribunal erred in applying a 'but for' test and failed to construct a proper comparator. The correct legal approach requires determining the actual reason for the treatment and making an appropriate comparison. There was no evidence that the dismissal was on grounds of sex.

Court Disposition

Appeal allowed; Claimant's claim of sex discrimination dismissed.

Orders

  • The appeal is upheld.
  • The Claimant's claim that she was discriminated against on grounds of sex is dismissed.