In an appeal against a decision that the Claimant had suffered indirect sex discrimination because there was a requirement to be able to work over 50% of rosters and on Saturdays which was a PCP that put women and her at a particular disadvantage. Appeal allowed and remitted to a fresh Tribunal.

The Claimant was a female train driver. She made various claims against the First and Second Respondent and 6 other individual Respondents. The Employment Tribunal found that a PCP which required train drivers employed by the First Respondent to work at least 50% of their roster and on a number of Saturdays put women at a particular disadvantage. The Claimant thus won her claim for sex discrimination. The First Respondent appealed.

The EAT allowed the appeal. The ET had not erred by finding that there was a PCP that put women at a particular disadvantage but they had failed to weigh the legitimate aims of the First Respondent against the discriminatory impact of the PCP rather than their own. The claim was remitted to a fresh ET to decide whether the discriminatory PCP was a proportionate means of achieving a legitimate aim.

This case serves to remind us that the reasoning (justification) is often key to a successful challenge to discrimination claims.


XC Trains Ltd v CD & Anor

Citation: UKEAT/0331/15/LA

Keywords • pcpsex discrimination