EAT SEX DISCRIMINATION – Marital status
The Employment Tribunal, which upheld the Claimant’s unfair dismissal claim, was wrong to hold that the protection under section 3 of the Sex Discrimination Act as amended of married persons does not include protection of a person who is discriminated against on the ground that she is married to a particular person. Although the Respondent did not discriminate against married people generally, the Claimant was entitled to claim that her unfavourable treatment was marriage-specific and specific to that marriage. The 1976 Equal Treatment Directive was not of assistance in interpretation. The Claimant’s ECHR rights under Arts 8, 12 and 14 were engaged. Two findings of the Employment Tribunal on marital discrimination remitted to it. The cross appeal on victimisation was dismissed.
Judges:
McMullen QC J
Citations:
[2011] UKEAT 0531 – 10 – 0212
Links:
Jurisdiction:
England and Wales
Employment, Discrimination
Updated: 29 September 2022; Ref: scu.449420
