Sexual orientation discrimination

New and updated

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

  Date:

  1 September 1998

  Type:

  Law reports

  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).

• Equal pay: No protection for homosexuals under Community law

  Date:

  15 March 1998

  Type:

  Law reports

  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.

• Gay rights claim fails

  Date:

  1 March 1998

  Type:

  Law reports

  In Grant v South-West Trains Ltd (17 February 1998) EOR78A, the European Court of Justice rules that European Community law does not cover discrimination based on sexual orientation.

• Breach of contract claim fails

  Date:

  1 March 1998

  Type:

  Law reports

  In Grant v South West Trains Ltd the High Court has rejected a claim that denial of travel benefits to the same-sex partner of a female employee was in breach of her contract of employment.

• Sex discrimination: Armed Forces' ban on homosexuals referred to ECJ

  Date:

  15 May 1997

  Type:

  Law reports

  In R v Secretary of State for Defence ex parte Perkins, the High Court refers three questions to the European Court of Justice concerning the compatibility with the EC Equal Treatment Directive of the Armed Forces' longstanding policy of discharging any person of homosexual orientation.

• Sexual orientation discrimination to ECJ

  Date:

  1 May 1997

  Type:

  Law reports

  In R v Secretary of State for Defence ex parte Perkins (13 March 1997) EOR73B, the High Court refers questions to the European Court of Justice relating to whether discrimination on grounds of a person's sexual orientation is discrimination on grounds of sex contrary to the Equal Treatment Directive.

• Harassment of homosexual not discriminatory

  Date:

  1 May 1996

  Type:

  Law reports

  In Smith v Gardner Merchant Ltd (13 February 1996) EOR67E, the EAT holds that harassment of a homosexual on grounds of sexual orientation cannot be regarded as falling within the prohibition of discrimination on grounds of sex.

• Court of Appeal upholds gay ban

  Date:

  1 March 1996

  Type:

  Law reports

  In R v Ministry of Defence ex parte Smith and others (3 November 1995) EOR66B, the Court of Appeal rejects the challenge to the lawfulness of the policy by which homosexual men and women are not permitted to serve in the armed forces.

• Ban on gays in military upheld

  Date:

  1 July 1995

  Type:

  Law reports

  In R v Ministry of Defence ex parte Smith and others (7 June 1995) EOR62F, the Divisional Court rules that the policy that homosexual men and women are not permitted to serve in the armed forces is not unlawful.

• Judicial review: Forces' ban on homosexuals reluctantly held lawful

  Date:

  1 July 1995

  Type:

  Law reports

  In R v Ministry of Defence ex parte Smith and others, the High Court holds that the MoD's blanket ban on anyone of homosexual orientation serving in the armed forces is lawful.