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MOD v Cartner - Sex discrimination, tribunal's reasons, and "provision, criterion or practice" in light of equal opps policy [2010] EAT

(1) a tribunal's judgment must demonstrate that the tribunal has actually considered the matters which are central to its decision;

(2) in an indirect discrimination case the clear existence of equal opportunities policies precludes a finding that an employer has applied a "provision", but does not demonstrate that, as a matter of fact, a "criterion or practice" has not been applied to employees.

In 1990 the Women's Royal Naval Service (WRNS) was disbanded and its members amalgamated into the Royal Navy. At that point existing WRNS members were given the option of being available for service at sea or remaining - as had always been the case in the WRNS - solely land based. Ms Cartner opted for the latter. Those who did so were guaranteed that this choice would not affect their promotion prospects.

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