Dixon v Rees [1993] UKEAT 660_91_1907 (19 July 1993)

Dixon v Rees [1993] UKEAT 660_91_1907 (19 July 1993)

Under the Sex Discrimination Act 1975, dismissal of a pregnant woman is not automatically direct discrimination; the correct legal test is whether a man in materially similar circumstances (i.e., unavailable for work) would have been treated the same. The 'sick man' comparison remains valid. Both appeals fail because the tribunals found the dismissals were not solely due to pregnancy but for reasons that would have applied equally to a man in analogous circumstances.

Citation
[1993] UKEAT 660_91_1907
Parties
Appellant: Mrs M Dixon; Respondent: Mr D Rees; Appellant: Miss D Hopkins; Respondent: Shepherd & Partners
Jurisdiction
United Kingdom
Judgment Date
19 July 1993
Procedural Posture
Employment Appeal Tribunal (eat) Appeals Against Industrial Tribunal Decisions / Appeal Judgment
Outcome
Appeals dismissed
Legal Topics
Sex Discrimination, Pregnancy Discrimination, Direct Discrimination, Comparative Analysis Under Sex Discrimination Act 1975
Employment Law Equality Law Sex Discrimination Pregnancy Discrimination Direct Discrimination Comparative Analysis Under Sex Discrimination Act 1975

Case Brief

Summary, issues, holding and outcome

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Parties

Mrs M Dixon

Appellant

Mr D Rees

Respondent

Miss D Hopkins

Appellant

Shepherd & Partners

Respondent

Procedural Posture

Employment Appeal Tribunal (eat) Appeals Against Industrial Tribunal Decisions / Appeal Judgment

Legal Issues

  1. 1 Whether dismissal of a pregnant woman constitutes direct sex discrimination under the Sex Discrimination Act 1975
  2. 2 Whether the 'sick man' comparison is valid in pregnancy-related dismissal cases
  3. 3 Whether European Court of Justice decisions (Dekker, Hertz) require a different approach under UK law

Ratio Decidendi

Under the Sex Discrimination Act 1975, dismissal of a pregnant woman is not automatically direct discrimination; the correct legal test is whether a man in materially similar circumstances (i.e., unavailable for work) would have been treated the same. The 'sick man' comparison remains valid. Both appeals fail because the tribunals found the dismissals were not solely due to pregnancy but for reasons that would have applied equally to a man in analogous circumstances.

Court Disposition

Appeals dismissed