Select Appointments Plc v Vandenberghe [1992] UKEAT 587_91_1206 (12 June 1992)
The Industrial Tribunal erred in law by failing to apply the required comparative approach, namely, to determine whether a man in comparable circumstances would have been treated the same. The appeal must be allowed and the matter remitted for rehearing applying the correct legal test.
- Citation
- [1992] UKEAT 587_91_1206
- Parties
- Appellant: Select Appointments plc; Respondent: Mrs E J Vandenberghe
- Jurisdiction
- United Kingdom
- Judgment Date
- 12 June 1992
- Procedural Posture
- Employment Appeal / Appeal From Industrial Tribunal
- Outcome
- Appeal allowed
- Legal Topics
- Sex Discrimination, Pregnancy Discrimination, Comparative Treatment, Employment Termination
Case Brief
Summary, issues, holding and outcome
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Parties
Select Appointments plc
Appellant
Mrs E J Vandenberghe
Respondent
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal
Legal Issues
- 1 Whether the respondent was subjected to unlawful sex discrimination under the Sex Discrimination Act 1975 due to pregnancy-related employment actions
- 2 Whether the correct legal test is a comparative approach with a hypothetical male employee
Ratio Decidendi
The Industrial Tribunal erred in law by failing to apply the required comparative approach, namely, to determine whether a man in comparable circumstances would have been treated the same. The appeal must be allowed and the matter remitted for rehearing applying the correct legal test.
Court Disposition
Appeal allowed
Orders
- Decision of the Industrial Tribunal set aside
- Matter remitted for rehearing de novo by a new Industrial Tribunal
Full Case Text
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