Chisholm and Others v Kirklees Metropolitan Borough Council and Another ; Kirklees Metropolitan Borough Council v B & Q Plc
| Jurisdiction | England & Wales |
| Judgment Date | 26 May 1993 |
| Date | 26 May 1993 |
| Court | Chancery Division |
Chancery Division
Before Mr Justice Ferris
Sex discrimination - equal treatment - ban on Sunday trading
The enforcement of section 47 of the Shops Act 1950, whereby retail stores would be prohibited from opening on Sundays thereby depriving a larger number of women than men of job opportunities, did not constitute sexual discrimination contrary to the Sex Discrimination Act 1975 or the Council Directive 76/207/EEC, the Equal Treatment Directive.
Mr Justice Ferris so held in a reserved judgment in the Chancery Division on four applications:
1 An action by Mandy Chisholm, Annette Layden, Ann Tuck and Francesca West, for female shop assistants employed by B & Q at its Dewsbury store, for
(a) a declaration that the Sunday trading provisions of the 1950 Act were unlawful and unreasonable as a matter of European Community law, by reason in particular of the Equal Treatment Directive of February 9, 1976; and
(b) an injunction to restrain Kirklees Metropolitan Borough Council from seeking to enforce the Sunday trading provision in relation to the Dewsbury store;
2 An application by Kirklees to strike out the employees' statement of claim;
3 An application by the Attorney-General to strike out the employees' statement of claim; and
4 A motion by Kirklees to restrain B & Q from contravening an injunction granted against it restraining it from opening its Dewsbury store on Sundays.
Mr Gerald Barling, QC and Mr David Anderson for the employees; Mr Stuart Isaacs, QC, Mr Neil Calver and Mr Clive Lewis for Kirklees; Mr David Vaughan, QC and Mr Nicholas Davidson, QC for B & Q; Miss Genevra Caws, QC and Mr Nicholas Paines for the Attorney-General.
MR JUSTICE FERRIS said that underlying all four applications was B & Q's contention that section 47 of the 1950 Act was nullified because the enforcement of it would constitute sexual discrimination contrary to the 1975 Act and the Equal Treatment Directive.
Each of the employees had been employed by B & Q only on Sundays for many years. Their case was that, if the Dewsbury store had to close on Sundays they would lose their Sunday employment.
In the case of two employees that would mean they were denied any employment because their family circumstances were such that they could work only on Sundays and there were no other suitable Sunday job...
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