Sirdar v Army Board and Another: ECFI 27 Oct 1999

It was possible for the Royal Marine unit to exclude the employment of a woman as a chef. The requirement not to discriminate was overriding save where the nature of the work makes the sex of the worker a determining factor. The nature and rules of a marine unit, required interoperability, in that any member could be called upon to fulfil any role. The marines occupied a particular status and role which made such discrimination necessary and proper.

Citations:

Times 27-Oct-1999, C-273/97, [1999] EUECJ C-273/97, ECLI:EU:C:1999:523, [1999] ECR I-7403

Links:

Bailii

Statutes:

EC Treaty art 234, Council Directive 76/207/EEC on the implementation of the principle of equal treatment for men and women as regards access to employment etc

Jurisdiction:

European

Citing:

See AlsoSirdar v Ministry of Defence EAT 15-Sep-1995
The claimant had brought a sex discrimination claim, saying that she had bee refused opportunity to work as a chef with the Royal Marines. She and the defendants had had sought an adjournment of the claim, but this had been refused.
Held: . .
Lists of cited by and citing cases may be incomplete.

Discrimination, Employment

Updated: 20 May 2022; Ref: scu.89281