Sex discrimination: Comparing proportionate impact of "requirement or condition"

An industrial tribunal was entitled to conclude that the proportion of female train operators who could comply with a new roster (95.2%) was "considerably smaller" than the proportion of male train operators who could do so (100%), holds the EAT in London Underground Ltd v Edwards (No.2) [1997] IRLR 157. The tribunal was entitled to have regard to the number of men (2,023) relative to the number of women (21), and to its common knowledge about the proportionately larger number of women than men in employment who have childcare responsibilities.