CA-2024-002185 - [2025] EWCA Civ 1049
Court of Appeal (Civil Division)

CA-2024-002185 - [2025] EWCA Civ 1049

Fecha: 31-Jul-2025

THE APPEAL

THE APPEAL

37.

In light of the grounds of appeal, the following issues arise:

(1)

did the respondent apply a PCP in the present case, and was the judge wrong to find that it had not? These are the issues in grounds 1 and 2 which can be taken together;

(2)

did the respondent apply a PCP to women, and to men, which put women at a particular disadvantage? That can be divided into two issues, namely (a) did the respondent’s conduct put persons at a particular disadvantage and (b) if so, did it put women at a particular disadvantage as compared with men? This is the issue in grounds 3 and 4 which, again, can conveniently be considered together;

(3)

if so, has the respondent shown that it, that is the PCP, is a proportionate means of achieving a legitimate aim? That is ground 5; and

(4)

was the respondent in breach of its duty under section 149 of the 2010 Act?