Davies v Cerrig Camu Ltd [1995] UKEAT 235_93_0102 (1 February 1995)

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
Employment Law Equality Law Sex Discrimination Constructive Dismissal Burden of Proof

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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

  1. 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. 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