Claimant v Sandtrend Limited

The tribunal found that the respondent applied a provision, criterion or practice that put the claimant, as a woman, at a particular disadvantage compared to men, and the respondent failed to show the practice was a proportionate means of achieving a legitimate aim.

The tribunal found that the dismissal was unfair under the Employment Rights Act 1996, determining that the respondent failed to follow a fair procedure and/or did not have a fair reason for dismissal, or that the decision to dismiss fell outside the band of reasonable responses.

The tribunal was not satisfied that the claimant was treated less favourably because of her sex. The evidence did not support a finding that sex was the reason for the treatment complained of, and the respondent provided a non-discriminatory explanation for its actions.