Equal Opportunities Commission v Secretary of State for Trade and Industry [2007] EWHC 483 (Admin); [2007] IRLR 327 | Practical Law

Equal Opportunities Commission v Secretary of State for Trade and Industry [2007] EWHC 483 (Admin); [2007] IRLR 327 | Practical Law

The High Court held in Equal Opportunities Commission v Secretary of State for Trade and Industry that the Government had failed to comply with its obligation to implement Directive 76/207/EEC ((the Equal Treatment Directive) when amending the Sex Discrimination Act 1975 (SDA). In particular, it held that:

Equal Opportunities Commission v Secretary of State for Trade and Industry [2007] EWHC 483 (Admin); [2007] IRLR 327

by PLC Employment
Published on 12 Mar 2007 • England, Wales
The High Court held in Equal Opportunities Commission v Secretary of State for Trade and Industry that the Government had failed to comply with its obligation to implement Directive 76/207/EEC ((the Equal Treatment Directive) when amending the Sex Discrimination Act 1975 (SDA). In particular, it held that:
  • Section 3A should be recast so as to eliminate the statutory requirement for a comparator who is not pregnant or on maternity leave.
  • The definition of "harassment" in section 4A(1)(a) of the SDA should be "recast" to eliminate the need for causation and to facilitate claims for harassment which are not "on the grounds of her sex" and claims relating to harassment by a third party.
  • Section 6A of the SDA should be "recast" to clarify women's rights to bring discrimination claims relating to periods of maternity leave.
http://www.bailii.org/ew/cases/EWHC/Admin/2007/483.html