Guarda Security Ltd v Roberts [1992] UKEAT 394_91_1507 (15 July 1992)

Guarda Security Ltd v Roberts [1992] UKEAT 394_91_1507 (15 July 1992)

The Industrial Tribunal erred in law by failing to apply the correct legal test for direct sex discrimination, specifically by not making a proper comparison with a man in similar circumstances and not clearly identifying sex as the substantial and direct cause of dismissal. The appeal is allowed and the matter remitted for rehearing.

Citation
[1992] UKEAT 394_91_1507
Parties
Appellant: Mrs Roberts; Respondent: Guarda Security Ltd
Jurisdiction
United Kingdom
Judgment Date
15 July 1992
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal Decision
Outcome
Appeal allowed; matter remitted for rehearing before a differently constituted tribunal.
Legal Topics
Sex Discrimination, Direct Discrimination, Dismissal, Burden of Proof, Comparators in Discrimination Cases
Employment Law Equality Law Sex Discrimination Direct Discrimination Dismissal Burden of Proof Comparators in Discrimination Cases

Case Brief

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Parties

Mrs Roberts

Appellant

Guarda Security Ltd

Respondent

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal Decision

Legal Issues

  1. 1 Whether Mrs Roberts was dismissed on the grounds of sex in contravention of the Sex Discrimination Act 1975
  2. 2 Whether the Industrial Tribunal correctly applied the legal test for direct discrimination, including use of an appropriate comparator

Ratio Decidendi

The Industrial Tribunal erred in law by failing to apply the correct legal test for direct sex discrimination, specifically by not making a proper comparison with a man in similar circumstances and not clearly identifying sex as the substantial and direct cause of dismissal. The appeal is allowed and the matter remitted for rehearing.

Court Disposition

Appeal allowed; matter remitted for rehearing before a differently constituted tribunal.

Orders

  • The decision of the Industrial Tribunal is set aside.
  • The case is remitted for rehearing before a new tribunal.