Edge Hill University College v Motala

EMPLOYMENT APPEAL TRIBUNAL 58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS At the Tribunal On 30 July 1998 Before

JUDGE PETER CLARK : This is an appeal by the Respondent College before the Liverpool Industrial Tribunal sitting over four days in May and October 1997 against that Tribunal's decision, promulgated with extended reasons on 6 December 1997, upholding the Applicant, Mr Motala's complaint of unlawful direct sex discrimination.

From about 1991 the Respondent College operated a joint project with St Martin's College Lancaster designed to encourage black and Asian people to follow courses of Teacher Education and to facilitate their access into Primary Teacher Education. It was intended to run for five years.

In July 1992 the Applicant was appointed to one of the posts of Access Tutor for the project. Originally there was a team of four employed on the project. One of the other team members was Ms Sugra Choudhry-Khan. The access tutors were employed on renewable one year contracts. By February 1996 two access tutors remained, the Applicant and Ms Choudhry-Khan. Their line manager was then Margaret Entwistle. The Head of School of Teacher Education at the College was Richard Foster.

During February 1996 a review of the management structure of the project was carried out. It was decided to terminate the two remaining access tutor posts and replace them with a full-time co-ordinator together with a part-time Access/Recruitment Officer. Applications for the two new posts were invited.