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.
In Pearce v Governing Body of Mayfield School the Court of Appeal has held that a lesbian teacher who was subjected to gender-specific homophobic verbal abuse by pupils was not unlawfully discriminated against on grounds of sex because she was not treated less favourably than a male teacher subjected to homophobic abuse would have been treated.
In Pearce v Governing Body of Mayfield School (31 July 2001), the Court of Appeal rules that a female teacher who was subjected to gender-specific, homophobic, verbal abuse was not unlawfully discriminated against on grounds of sex.
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.
"Sex" in the Sex Discrimination Act concerns gender, not sexual orientation, according to the Court of Session in Scotland, writes David Morgan.
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.
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.
In Chambers v SJ Norman & Sons an Exeter employment tribunal (Chair: H Parker) has held that it is unlawful discrimination on grounds of sex to harass a heterosexual man on grounds that he is perceived to be homosexual.
The Sex Discrimination Act 1975 does not protect homosexuals from discrimination on grounds of their sexual preference, holds the EAT in Smith v Gardner Merchant Ltd.
In R v Ministry of Defence ex parte Smith and another; R v Admiralty Board of the Defence Council ex parte Lustig-Pream and another, the Court of Appeal upholds the lawfulness of the Ministry of Defence's policy of administratively discharging from the armed forces service personnel who are known to be homosexual.
HR and legal information and guidance relating to sexual orientation discrimination.