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Sex discrimination: Requiring woman to search male inmates discriminatory

This report relates to 1 case(s)

Key points

Home Office v Saunders 7.11.05 UKEAT/0260/05/CK, the EAT holds:

  • In a direct sex discrimination claim under the Sex Discrimination Act 1975 the employment tribunal did not err in finding that the correct hypothetical comparator for a female prison officer conducting a rub-down search on a male prisoner was a male prison officer conducting a rub-down search on a female prisoner, although the latter was forbidden by the prison service rules.
  • The female officer claimed that if she were made to conduct rub-down searches of male inmates she would suffer embarrassment and possible distasteful sexual remarks from the inmates that a male officer would not suffer.