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Sex discrimination: No error of law in tribunal's approach to justifiability of discriminatory condition

This report relates to 1 case(s)

Key Points

  • In Sibley v The Girls' Public Day School Trust and Norwich High School for Girls, the EAT holds that an employment tribunal adopted the right approach in considering whether a potentially discriminatory condition that a school form tutor must be in a full-time teaching post was objectively justified.
  • The tribunal did not make the same error of law as that made in Whiffen v Milham Ford Girls' School [2001] IRLR 468, where the tribunal had failed to focus on the discriminatory effect of the particular condition, but had rather considered whether the wider redundancy policy of which it was part was objectively justified and necessary.