Human rights remedy for homophobic harassment?

This report relates to 1 case(s)

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  Pearce v Governing Body of Mayfield Secondary School [2001] IRLR 669 CA (3 other reports)

  • Sex discrimination: Homophobic abuse not discrimination on grounds of sex

    Date:

    15 October 2001

    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.

  • Lesbian has no remedy for abuse

    Date:

    1 September 2001

    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.

  • No retrospective cause of action under human rights provisions for lesbian schoolteacher

    Date:

    15 August 2001

    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.