Smith v Gardner Merchant Ltd [1998] IRLR 510 CA

Reports relating to this case:

  • Sex discrimination: Appropriate comparator in discrimination complaint by homosexual

    Date:
    1 September 1998

    A lesbian was the appropriate comparator of a gay man who complained that he had been discriminated against on the ground of his sex by being subjected to homophobic abuse, holds the Court of Appeal in Smith v Gardner Merchant Ltd.

  • Harassment protection narrowly defined

    Date:
    1 September 1998

    In Smith v Gardner Merchant Ltd (14 July 1998) EOR81C, the Court of Appeal holds that a victim of sexual harassment must show that the conduct is gender-based in order to succeed in a claim of sex discrimination.