R v Birmingham City Council, ex p Equal Opportunities Commission

Facts

Birmingham only provided 360 grammar school places for girls, and 540 for boys. At first instance, the EOC won. The Court of Appeal upheld this. The Council appealed, arguing it had not shown that selective education was better than non-selective education as a precondition to showing less favourable treatment, and in any case the council had no intention or motivation to discriminate.

Judgment

Lord Goff dismissed the council's appeal, saying first that it did not need to be shown that selective education was ‘better’, just that girls were not being given the same opportunities. Second, it is enough that there is less favourable treatment and the ‘intention or motive of the defendant to discriminate, though it may be relevant so far as remedies are concerned… is not a necessary condition to liability.’ That would be a bad idea because then ‘it would be a good defence for an employer to show that he discriminated against women not because he intended to do so but (for example) because of customer preference, or to save money, or even to avoid controversy.’

Notes

References

• "Case Reports" (1992) 136 The Solicitors' Journal 96 (No 13, 3 April 1992)
• 139 The New Law Journal 292 and 834
• 152 Local Government Review 1035
• Collins, Ewing and McColgan. Labour Law: Text and Materials. Second Edition. Bloomsbury Academic. 2005. Paragraph 3.18 at pages 237.
• Michael Connolly. Discrimination Law. Sweet & Maxwell. 2006. Paras 4–006, 4-015, 4–017, 4–020, 4–035, 5–011, 5–012, 5–026, 7–007, 7-008 and 10-003.