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United Kingdom Employment Appeal Tribunal |
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You are here: BAILII >> Databases >> United Kingdom Employment Appeal Tribunal >> Mansfield Brewery Plc v. Collins [1999] UKEAT 255_99_2204 (22 April 1999) URL: http://www.bailii.org/uk/cases/UKEAT/1999/255_99_2204.html Cite as: [1999] UKEAT 255_99_2204 |
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At the Tribunal | |
Before
HIS HONOUR JUDGE H J BYRT QC
MRS R CHAPMAN
MR E HAMMOND OBE
APPELLANT | |
RESPONDENT |
Transcript of Proceedings
JUDGMENT
PRELIMINARY HEARING
For the Appellant | MR B NAPIER OF COUNSEL (INSTRUCTED BY) MESSRS PINSENT CURTIS SOLICITORS 41 PARK SQUARE LEEDS LS1 2NS |
JUDGE JOHN BYRT: This is a Preliminary Hearing in an Appeal against the decision promulgated on 5th January 1999 of an Employment Tribunal sitting in Nottingham when they held that the Employers had discriminated against the Employee on the grounds of her sex and unfairly dismissed her. The Employers appeal that decision.
"The main argument put forward by the Respondent as to indirect discrimination is that the Applicant simply chose not to comply with the Respondent's condition rather than could not comply".
"We accept the Applicant's evidence"
and in doing so, they rejected the Employer's case. They accepted the Applicant's evidence that having the child in nursery for 5 days a week, with all the consequential problems of having to collect her each evening, could not be managed by her and her husband. They end the paragraph by saying:
"It was not simply a matter of the Applicant taking a decision that it was preferable for her son not to be in a nursery for 5 days, it was not possible for the Applicant to manage this".