J Sainsbury Plc & Anor v Flexon [1996] UKEAT 232_95_2810 (28 October 1996)

J Sainsbury Plc & Anor v Flexon [1996] UKEAT 232_95_2810 (28 October 1996)

Section 9 of the Sex Discrimination Act 1975 does not apply to arrangements where the contract worker's employer is not in direct contract with the principal; the statutory language is clear and does not cover four-party arrangements.

Citation
[1996] UKEAT 232_95_2810
Parties
Appellant: Mr Marshall; Appellant: Sainsbury Plc; Respondent: Ms Flexon
Jurisdiction
United Kingdom
Judgment Date
28 October 1996
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal Decision
Outcome
Appeal allowed
Legal Topics
Sex Discrimination, Contract Workers, Statutory Interpretation
Employment Law Discrimination Law Sex Discrimination Contract Workers Statutory Interpretation

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Marshall

Appellant

Sainsbury Plc

Appellant

Ms Flexon

Respondent

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal Decision

Legal Issues

  1. 1 Whether Section 9 of the Sex Discrimination Act 1975 applies to contract workers in a four-party arrangement rather than a three-party arrangement

Ratio Decidendi

Section 9 of the Sex Discrimination Act 1975 does not apply to arrangements where the contract worker's employer is not in direct contract with the principal; the statutory language is clear and does not cover four-party arrangements.

Court Disposition

Appeal allowed

Orders

  • First and third Respondents (Mr Marshall and Sainsbury Plc) discharged from the application