Craddock v Cornwall County Council & Ors [2005] UKEAT 0367_05_1912 (19 December 2005)

Craddock v Cornwall County Council & Ors [2005] UKEAT 0367_05_1912 (19 December 2005)

The Employment Tribunal failed to critically scrutinise the Respondents' objections and did not conduct the required balancing act between the discriminatory effect and the justification for the condition, rendering the decision fundamentally flawed.

Citation
[2005] UKEAT 0367_05_1912
Parties
Appellant: Mrs Hilary Winstone; First Respondent: Indian Queens Primary School; Second Respondent: Cornwall County Council
Jurisdiction
United Kingdom
Judgment Date
19 December 2005
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
Appeal allowed; original Tribunal decision set aside
Legal Topics
Sex Discrimination, Unfair Dismissal, Constructive Dismissal, Flexible Working, Indirect Discrimination, Justification of Discriminatory Condition
Employment Law Equality Law Sex Discrimination Unfair Dismissal Constructive Dismissal Flexible Working Indirect Discrimination Justification of Discriminatory Condition

Case Brief

Summary, issues, holding and outcome

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Parties

Mrs Hilary Winstone

Appellant

Indian Queens Primary School

First Respondent

Cornwall County Council

Second Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether the refusal to allow part-time or job share working constituted sex discrimination
  2. 2 Whether the dismissal was unfair or constructive
  3. 3 Whether the justification for the discriminatory condition was properly scrutinised

Ratio Decidendi

The Employment Tribunal failed to critically scrutinise the Respondents' objections and did not conduct the required balancing act between the discriminatory effect and the justification for the condition, rendering the decision fundamentally flawed.

Court Disposition

Appeal allowed; original Tribunal decision set aside

Orders

  • Both sex discrimination and unfair dismissal claims to be reheard by a different Tribunal
  • Case not remitted for further reasons; rehearing directed