Home Office v Saunders [2005] UKEAT 0260_05_0711 (7 November 2005)

Home Office v Saunders [2005] UKEAT 0260_05_0711 (7 November 2005)

The Employment Tribunal was entitled to find that requiring a female prison officer to conduct rub-down searches of male inmates constituted direct sex discrimination, as the correct comparator is a male prison officer conducting a rub-down search of a female inmate, which is prohibited; this amounts to less favourable treatment and detriment.

Citation
[2005] UKEAT 0260_05_0711
Parties
Respondent: Mrs Saunders; Appellant: Prison Service
Jurisdiction
United Kingdom
Judgment Date
07 November 2005
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Sex Discrimination, Direct Discrimination, Comparators, Prison Employment
Employment Law Equality Law Sex Discrimination Direct Discrimination Comparators Prison Employment

Case Brief

Summary, issues, holding and outcome

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Parties

Mrs Saunders

Respondent

Prison Service

Appellant

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether requiring a female prison officer to conduct rub-down searches of male inmates constitutes direct sex discrimination
  2. 2 Identification of the correct comparator for direct discrimination
  3. 3 Assessment of detriment and less favourable treatment

Ratio Decidendi

The Employment Tribunal was entitled to find that requiring a female prison officer to conduct rub-down searches of male inmates constituted direct sex discrimination, as the correct comparator is a male prison officer conducting a rub-down search of a female inmate, which is prohibited; this amounts to less favourable treatment and detriment.

Court Disposition

Appeal dismissed