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Sexual orientation discrimination

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  • Date:
    15 March 2001
    Type:
    Law reports

    Judicial review: Legality of forces' ban on homosexuals upheld

    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.

  • Date:
    1 November 2000
    Type:
    Law reports

    Sexual orientation discrimination is sex discrimination

    In MacDonald v Ministry of Defence EOR94A, the EAT interprets the Sex Discrimination Act so as to include discrimination on grounds of sexual orientation.

  • Date:
    1 September 2000
    Type:
    Law reports

    Homophobic abuse not discriminatory

    In Pearce v Governing Body of Mayfield School (7 April 2000) EOR93B, the EAT rules that a woman teacher who was subjected to gender-specific homophobic verbal abuse was not unlawfully discriminated against on grounds of sex.

  • Date:
    15 June 2000
    Type:
    Law reports

    Sex discrimination: Gender-specific homophobic abuse is not automatically sex discrimination

    In Pearce v Governing Body of Mayfield Secondary School, the EAT upholds an employment tribunal's decision that the only discrimination against a lesbian schoolteacher, who had suffered from regular homophobic abuse by pupils at her school, was on grounds of sexual orientation and not on grounds of sex.

  • Date:
    1 March 2000
    Type:
    Law reports

    Gay man dismissed in breach of contract

    In Swann v Thameslink Ltd a Brighton employment tribunal (Chair: A A Hogarth) has ruled that a man dismissed because he was a homosexual was dismissed in breach of the equal opportunities clause contained in his contract of employment and is entitled to damages.

  • Date:
    1 November 1999
    Type:
    Law reports

    Ban on homosexuals violates human rights

    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.

  • Date:
    1 September 1998
    Type:
    Law reports

    Harassment protection narrowly defined

    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.

  • Date:
    1 September 1998
    Type:
    Law reports

    ECJ sexual orientation reference withdrawn

    In R v Secretary of State for Defence ex parte Perkins (No.2) (13 July 1998) EOR81D, the High Court has withdrawn the reference to the European Court of Justice in respect of whether it is contrary to the EC Equal Treatment Directive to discriminate based on a person's sexual orientation.

  • Date:
    1 September 1998
    Type:
    Law reports

    Sex discrimination: Equal Treatment Directive does not prohibit discrimination based on sexual orientation

    The ruling by the European Court of Justice in Grant v South-West Trains Ltd that Community law as it stands at present does not cover discrimination based on sexual orientation was decisive of the question whether or not discrimination "on grounds of sex" within the meaning of the EC Equal Treatment Directive includes discrimination based on a person's sexual orientation, holds the High Court in R v Secretary of State for Defence ex parte Perkins (No.2).

  • Date:
    15 March 1998
    Type:
    Law reports

    Equal pay: No protection for homosexuals under Community law

    Community law on sex discrimination and equal pay does not currently cover discrimination based on an individual's sexual orientation, rules the European Court of Justice in Grant v South-West Trains Ltd.

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HR and legal information and guidance relating to sexual orientation discrimination.