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

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.

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