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You are here: BAILII >> Databases >> United Kingdom Employment Appeal Tribunal >> De Santos v. A G Barr Plc [1999] UKEAT 467_99_1810 (18 October 1999) URL: http://www.bailii.org/uk/cases/UKEAT/1999/467_99_1810.html Cite as: [1999] UKEAT 467_99_1810 |
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At the Tribunal | |
Before
THE HONOURABLE MR JUSTICE HOLLAND
MRS R CHAPMAN
MR S M SPRINGER MBE
APPELLANT | |
RESPONDENT |
Transcript of Proceedings
JUDGMENT
PRELIMINARY HEARING
For the Appellant | NO APPEARANCE OR REPRESENTATION BY OR ON BEHALF OF THE APPELLANT |
MR JUSTICE HOLLAND: By way of an IT1 dated 5 December 1998 Mrs De Santos brought a complaint against A.G. Barr, alleging sex discrimination.
"On the 8th October 1998 I attended an interview with Mr Saunders, Depot Manager for A.G. Barr Plc, Walthamstow for the position of part-time clerk/cashier. The application form asked the discriminating question (a) Are you married? (b) Do you have any children? I answered 'Yes' to the first question and refused to answer the second question. Mr Saunders assumed that I had no children and expressed his concern that I may, at my age, go off to have children within 2 years. He also said that he preferred to employ women whose children are 'off their hands'. I said I had no plans to have any children but felt upset by the line of questioning.
On the 14th October I was called to a second interview with Mr Sandland, Depot Manager for the Manchester depot and Mr Saunders' …….. . He asked me the following questions:-
1. How long I had been married
2. If I had any children
3. If I was planning any children
4. What my husband does for a living
5. Where I was born
6. Where my husband was born
7. Where my parents were born
8. Whether my parents lived in this country
I found the line of questioning very offensive and wrote to the Group Personnel Manager, Ian Wilson, expressing my concern. His response (copy attached) is unconvincing and I sent him a Sex Discrimination questionnaire with the help of the Equal Opportunities Commission. I firmly believe I was turned down for this job, which I am qualified and experienced to do, because of my marital status, age and the perceived 'risk' that I would leave after a short time to have children.
I am still awaiting a response to the questionnaire which was sent on 18th November."
We interpose, the age of Mrs De Santos at the material time was 30.
"My case was supported by all the written evidence and was so incriminating. The Respondent attempted to settle with me out of court twice before the Tribunal. But this wasn't about money, it was a matter of principle.
I am not too qualified for the job that was on offer or very highly intelligent. I have 5 'O' Levels and my previous jobs in telesales, reception and as a sales assistant are on a similar level to the clerical job on offer. Anyway, my perceived intelligence was not the reason given for refusing me the job. They said I'd be more suited to a 'people interfacing' job as I'd worked with the general public in the past. I was quick to point out that the successful candidate had been a dinner lady for the last 4˝ years – a job with the general public.
I did not have a Solicitor for the hearing. I could not afford one and do not qualify for Legal Aid. However, I have consulted a Solicitor regarding this appeal and taken his advice. After seeing the written evidence, he considered the decision one that no reasonable tribunal could have reached.
Please, please hear the appeal."