British Telecommunications Plc v Roberts & Anor [1996] UKEAT 315_95_0205 (2 May 1996)

British Telecommunications Plc v Roberts & Anor [1996] UKEAT 315_95_0205 (2 May 1996)

The Tribunal erred in law in finding direct sex discrimination, as the refusal to allow job sharing was not shown to be on grounds of sex or maternity, but rather on operational needs; there was no evidence a man would have been treated differently. The statutory protection for maternity ends upon return to work, and the respondents' requests related to altering their terms, not exercising statutory rights.

Citation
[1996] UKEAT 315_95_0205
Parties
Appellant: BR Group; Respondent: Mrs. Roberts; Respondent: Mrs. Longstaffe
Jurisdiction
United Kingdom
Judgment Date
02 May 1996
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal
Outcome
Appeal allowed in part; Tribunal's finding of direct discrimination quashed; case remitted for consideration of indirect discrimination.
Legal Topics
Sex Discrimination, Direct Discrimination, Indirect Discrimination, Maternity Leave, Job Sharing
Employment Law Equality Law Sex Discrimination Direct Discrimination Indirect Discrimination Maternity Leave Job Sharing

Case Brief

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Parties

BR Group

Appellant

Mrs. Roberts

Respondent

Mrs. Longstaffe

Respondent

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal

Legal Issues

  1. 1 Whether refusal to allow job sharing after maternity leave constituted direct sex discrimination under the Sex Discrimination Act 1975
  2. 2 Whether the employer's actions amounted to indirect discrimination

Ratio Decidendi

The Tribunal erred in law in finding direct sex discrimination, as the refusal to allow job sharing was not shown to be on grounds of sex or maternity, but rather on operational needs; there was no evidence a man would have been treated differently. The statutory protection for maternity ends upon return to work, and the respondents' requests related to altering their terms, not exercising statutory rights.

Court Disposition

Appeal allowed in part; Tribunal's finding of direct discrimination quashed; case remitted for consideration of indirect discrimination.

Orders

  • Quash Tribunal's finding of direct discrimination and consequential orders.
  • Remit case to Industrial Tribunal for determination of indirect discrimination claim.