Davies v Cerrig Camu Ltd [1995] UKEAT 235_93_0102 (1 February 1995)
The Tribunal was entitled to accept the employer's explanation that the difference in treatment was due to status, not sex. The decision was not perverse or irrational, and the Tribunal applied the correct legal approach to the burden of proof and assessment of evidence.
Source-derived case information.
- Citation
- [1995] UKEAT 235_93_0102
- Parties
- Appellant: Miss Davies; Respondents: Cerrig Camu Residential Home (Mrs Hett and Mrs McGrail)
- Jurisdiction
- United Kingdom
- Judgment Date
- 01 February 1995
- Procedural Posture
- Sex Discrimination Appeal / Appeal From Industrial Tribunal Decision
- Outcome
- Appeal dismissed
- Legal Topics
- Sex Discrimination, Constructive Dismissal, Burden of Proof
Source-derived case record
Summary, issues, holding and outcome
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Parties
Miss Davies
Appellant
Cerrig Camu Residential Home (Mrs Hett and Mrs McGrail)
Respondents
Procedural Posture
Sex Discrimination Appeal / Appeal From Industrial Tribunal Decision
Legal Issues
- 1 Whether the Appellant was treated less favourably than a male comparator on grounds of sex under Section 1(1)(a) and Section 6(2)(b) of the Sex Discrimination Act 1975
- 2 Whether the Tribunal's acceptance of the employer's explanation was perverse
Ratio Decidendi
The Tribunal was entitled to accept the employer's explanation that the difference in treatment was due to status, not sex. The decision was not perverse or irrational, and the Tribunal applied the correct legal approach to the burden of proof and assessment of evidence.
Court Disposition
Appeal dismissed
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