Having a NatteRR - Series 8 Episode 2

This week Simon and David discuss the case of Earl Shilton Town Council v Ms K Miller.

They discuss the Employment Appeal Tribunal judgment regarding the provision of inadequate toilet facilities for women.

They discuss this in the context of the EAT finding that the Tribunal did not err in law in finding that this subjected the Claimant to direct sex discrimination.

The case involved whether the treatment of women in accessing toilet facilities, notably involving a risk of seeing a man using the urinals, amounted to a detriment because of sex.

Simon and David discuss how the issue amounted to a series of detriments. They further discuss the case giving rise to all women being in a less favourable position than all men, with sex being the reason.

They discuss how this means the motivations of the Respondent did not need to be considered, and that whilst a difference in treatment is not necessarily less favourable treatment, that difference in treatment was clearly less favourable in this case. 

They also discuss why you should never ask Simon about his dreams!