This week's case round-up from Eversheds, covering: entitlements to PHI benefits; and disability claims.
Five people - four men and one woman - dismissed from the British Armed Forces for being gay, have won substantial compensation awards from the government, following a ruling by the European Court of Human Rights (ECHR).
Employment lawyers have a great deal to thank Hollywood actor Michael Douglas for, according to a leading employment law advocate.
In Pearce v Governing Body of Mayfield School, the Court of Appeal holds that in determining whether a lesbian teacher has been discriminated against on grounds of sex, the correct comparator to use is a male homosexual teacher.
According to the Court of Appeal, the teacher, who was subjected to homophobic taunts and harassment by pupils that did not, at the time they occurred, amount to less favourable treatment on the grounds of her sex under the Sex Discrimination Act 1975 ("the SDA"), could not rely on provisions of the European Convention on Human Rights ("the Convention"), as scheduled to the Human Rights Act 1998 ("the HRA"), to claim retrospective compensation.
"Sex" in the Sex Discrimination Act concerns gender, not sexual orientation, according to the Court of Session in Scotland, writes David Morgan.
In KB v National Health Service Pensions Agency and another, the Court of Appeal refers to the European Court of Justice for a preliminary ruling on the question whether the exclusion of the female-to-male transsexual partner of a female member of the NHS pension scheme, which limits the material dependant's benefit to her widower, constitutes sex discrimination in contravention of Article 141 EC and the Equal Pay Directive.
In Smith and Grady v United Kingdom (27 September 1999) EOR88A, the European Court of Human Rights has ruled that a ban on homosexuals in the armed forces contravenes the right to respect for private life under the European Convention on Human Rights.
In Halford v United Kingdom, the European Court of Human Rights holds that the Merseyside Police Authority violated the right to privacy of its assistant chief constable under the European Convention on Human Rights when it tapped her office telephone calls for the purposes of gathering information in order to defend a sex discrimination complaint she had initiated.
HR and legal information and guidance relating to art.8 of the Convention on Human Rights (the right to respect for private and family life).