Judicial notice of stereotypical assumptions in sex discrimination cases - Commerzbank AG v Rajput [EAT] 28.06.19 (Unreported)


Thu, 04 Jul 2019

An employment tribunal could take judicial notice of stereotypical assumptions that might be held about women, but if it intended to do so it should make that clear to the parties and their witnesses and give them an opportunity to challenge the existence of the stereotypical assumption or its application by a decision-maker. An employment tribunal's decision concerning sex discrimination was overturned because it had failed to give the respondent an opportunity to answer the suggestion that it had been influenced by stereotypical assumptions, and the claimant had not put her case on the basis of such assumptions.




Category: Employment »  Pregnancy; Sex discrimination. Area(s) of law: Employment.
Source: Unspecified

 

This material is for information purposes only and does not constitute any form of advice or recommendation by us. You should not rely upon it in making any decisions or taking or refraining from taking any action. Please contact Brodies at mailbox@brodies.com if you would like us to advise you on any of the matters covered in this material.


Valid XHTML 1.0 Transitional  Valid CSS!

Free SSL Certificate