Where a dismissal was properly related to poor work performance, the fact that such a deterioration in performance was associated with a gender reassignment process being undergone by the employee, did not make the dismissal sex discrimination. To extend liability in this way was to try to take such liability too far.
EAT Disability Discrimination – Disability
His Honour Judge Peter Clark
Times 15-Nov-2000, EAT/1381/99, [2000] EAT 1381 – 99 – 2707
EAT, Bailii
Sex Discrimination Act 1975
England and Wales
Citing:
Distinguished – P v S and Cornwall County Council ECJ 30-Apr-1996
An employee at an educational establishment told management that he intended to undergo gender reassignment. He was given notice of dismissal.
Held: The scope of the Directive was not confined to discrimination based on the fact that a person . .
Cited – Chessington World of Adventures Ltd v Reed EAT 27-Jun-1997
News Group Newspapers Ltd had been joined as a party, in order that it could argue the obvious public interest relating to the importance, which has long been accepted in the courts, of the interest, not just of the press but of the public . .
Cited – James v Eastleigh Borough Council HL 14-Jun-1990
Result Decides Dscrimination not Motive
The Council had allowed free entry to its swimming pools to those of pensionable age (ie women of 60 and men of 65). A 61 year old man successfully complained of sexual discrimination.
Held: The 1975 Act directly discriminated between men and . .
Lists of cited by and citing cases may be incomplete.
Updated: 17 August 2021; Ref: scu.171484
