Source: All England Reporter
Publisher Citation: [2001] All ER (D) 468 (Jul)
Court: Court of Appeal, Civil Division
Judge:

Henry, Judge and Hale LJJ
Representation Laura Cox QC and Sandya Drew (instructed by Tyndallwoods) for the claimant.
  Cherie Booth QC and Sarah Moore (instructed by Michael Woodford, Hampshire County Council Legal Department) for the school.
Judgment Dates: 31 July 2001

Catchwords

Employment - Discrimination against a woman - Act of discrimination - Discrimination based on sexual orientation - Lesbian school teacher subject to homophobic abuse by pupils - Claimant instituting proceedings against school body - Whether behaviour complained of constituting sex discrimination - Whether behaviour complained of contrary to right to private life and freedom from discrimination - s 1 - European Convention on Human Rights, arts 8, 14 - s 3(1).

The Case

Discrimination based on sexual orientation, rather than sex, fell outside the ambit of s1 of the . Although discrimination based on sexual orientation was capable of being a contravention of the right under the European Convention on Human Rights to respect for private life under art8 when read with the prohibition of discrimination in the enjoyment of Convention rights under art14, the would not operate retrospectively so as to construe the 1975 Act differently in cases decided before the 1998 Act came into force.

Practice Areas

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