Secretary of State for Defence v MacDonald [2001] IRLR 431 CS

Reports relating to this case:

  • Sex discrimination and human rights: Sex Discrimination Act is not concerned with sexual orientation

    Date:
    1 July 2001

    In Advocate General for Scotland v MacDonald, the Inner House, Court of Session holds that the Sex Discrimination Act 1975, and in particular s.1(1)(a), is concerned with gender, and not with sexual orientation, and s.3(1) of the Human Rights Act 1998 did not enable or oblige the Court to give the word "sex" in s.1(1)(a) any meaning other than gender.

  • Sexual orientation discrimination not sex discrimination

    Date:
    1 July 2001

    In Secretary of State for Defence v MacDonald (1 June 2001), the Inner House of the Court of Session rules that discrimination on grounds of sex does not include discrimination on the ground of sexual orientation, and that a male member of the RAF who was dismissed because he was homosexual was not discriminated against on grounds of sex.

  • EAT overruled

    Date:
    1 June 2001

    In Secretary of State for Defence v MacDonald the Court of Session has overruled the Employment Appeal Tribunal and held that discrimination on grounds of sexual orientation is not discrimination on grounds of sex within the meaning of the Sex Discrimination Act.