James v Eastleigh Borough Council [1990] IRLR 288 HL

Reports relating to this case:

  • Gender-based criteria are directly discriminatory

    Date:
    1 September 1990

    In James v Eastleigh Borough Council (14 June 1990) EOR33B, the House of Lords holds that the test for determination whether there has been direct discrimination is "would the complainant have received the same treatment from the defendant but for his or her sex?". It is not necessary for complainants to prove in addition that the subjective reason they were treated less favourably was because of their gender.

  • Sex discrimination: Lords approve "but for" test in direct discrimination cases

    Date:
    17 July 1990

    In a sex discrimination case the crucial question is whether the complainant would have received the same treatment but for his or her sex.