Bhudi & Ors v IMI Refiners Ltd [1993] UKEAT 407_93_2411 (24 November 1993)

Bhudi & Ors v IMI Refiners Ltd [1993] UKEAT 407_93_2411 (24 November 1993)

The Industrial Tribunal erred in law by failing to consider whether a requirement or condition relating to working outside normal hours and administration by the Personnel Department was applied, and whether this had a disproportionate impact on women. The statutory requirement in S.1(1)(b) remains applicable, and Enderby does not alter this. The matter must be remitted to the Tribunal to address these questions.

Citation
[1993] UKEAT 407_93_2411
Parties
Appellants: Mrs Bhudi and five others; Respondent: IMI Refiners Ltd
Jurisdiction
United Kingdom
Judgment Date
24 November 1993
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal Decision
Outcome
Appeal allowed; matter remitted to Industrial Tribunal for further consideration.
Legal Topics
Indirect Discrimination, Sex Discrimination, Redundancy, Equal Pay, Interpretation of Domestic Law With EU Law
Employment Law Discrimination Law Indirect Discrimination Sex Discrimination Redundancy Equal Pay Interpretation of Domestic Law With EU Law

Case Brief

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Parties

Mrs Bhudi and five others

Appellants

IMI Refiners Ltd

Respondent

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal Decision

Legal Issues

  1. 1 Whether the employer applied a 'requirement or condition' within the meaning of S.1(1)(b) of the Sex Discrimination Act 1975 to the appellants resulting in indirect discrimination
  2. 2 Whether the reasoning in Enderby v. Frenchay Health Authority alters the approach to indirect discrimination under UK law
  3. 3 Whether the Industrial Tribunal erred in law in its approach to the requirement or condition and its application

Ratio Decidendi

The Industrial Tribunal erred in law by failing to consider whether a requirement or condition relating to working outside normal hours and administration by the Personnel Department was applied, and whether this had a disproportionate impact on women. The statutory requirement in S.1(1)(b) remains applicable, and Enderby does not alter this. The matter must be remitted to the Tribunal to address these questions.

Court Disposition

Appeal allowed; matter remitted to Industrial Tribunal for further consideration.

Orders

  • Remit to Industrial Tribunal to determine whether a requirement or condition relating to working outside normal hours and administration by the Personnel Department was applied, whether it disproportionately affected women, and whether it was objectively justified.