Falkirk Council and others v Whyte and others [1997] IRLR 560 EAT

Reports relating to this case:

  • Sex discrimination: "Requirement or condition" need not be absolute bar

    Date:
    15 October 1997

    A "requirement or condition" applied by an employer does not have to constitute an absolute bar in order for it to be challenged as amounting to indirect sex discrimination, holds the EAT in Falkirk Council and others v Whyte and others.

  • Absolute "must" test abandoned

    Date:
    1 September 1997

    In Falkirk Council and others v Whyte and others (30 June 1997) EOR75A, the EAT holds that a "requirement or condition" applied by the employer, for the purpose of the definition of indirect sex discrimination, does not have to be an absolute bar in order for it to be challenged.