Mrs E Sunley (1) Mrs N Corrie (2) v The Secretary of State for Justice — 2024

The claimants were investigated and disciplined after attending a lunch at HMP Styal on 23 June 2020 during Covid restrictions. A fact-finding investigation had recommended no further formal investigation, but senior managers decided that the matter should be reconsidered and a disciplinary investigation was commissioned. The claimants alleged direct sex discrimination in the re-opening of the investigation, the targeting of women, the failure to interview relevant men, and the issuing of sanctions to women.

The tribunal found that aspects of the process were unusual, outside normal or expected procedure, and in some respects poorly handled. It found that the burden of proof shifted for the re-opening or targeting allegations because only women were initially named and targeted, despite men having attended the event, and because re-opening a fact-finding outcome in this way was highly unusual. However, it accepted the respondent's evidence that the decision was made because of the view taken of the event and the political pressure perceived at the time, and was in no sense because of sex.

For the failure to interview relevant men, the tribunal found that the claimants had been treated less favourably than male comparators who had attended or been named but were not interviewed. It also found that the burden of proof shifted, including because of the statistical difference, the failure to apply the agreed methodology, and its finding that one witness's evidence had been untruthful on one issue. It nevertheless accepted that the omission resulted from error and incompetence rather than sex. For the sanctions, the tribunal found no facts sufficient to shift the burden of proof and accepted the decision-maker's explanation for imposing the warnings. The direct sex discrimination complaints were therefore dismissed.