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.