Allen v Cannon Hygiene Ltd [1994] EAT

Reports relating to this case:

  • Sex discrimination: Tribunal should have considered effect of employer's action, not motivation

    Date:
    1 February 1995

    A female employee whose manager changed her work, ostensibly because it was "too much" for a woman to do on her own, suffered less favourable treatment on the ground of her sex even though the real reason for the manager's decision was dissatisfaction with the employee's work rather than any intention to discriminate. In Allen v Cannon Hygiene Ltd the EAT holds that the industrial tribunal wrongly focused on the employer's motivation and failed to consider the effect of its action, which was to deprive the employee of the chance to answer alleged complaints about her performance.

  • Objective rather than subjective test

    Date:
    1 December 1994

    Where an employee was told that a decision to transfer her was taken because she was a woman, the employers could not avoid a finding of sex discrimination by showing that the true reason for their decision was her unsatisfactory performance, rules the EAT in Allen v Cannon Hygiene Ltd.