You are here

Like for like

The House of Lords’ ruling that discrimination against homosexuals is not covered by the Sex Discrimination Act is largely academic. By Anna West and Aron Pope

1 August 2003

The House of Lords cases Macdonald v Advocate General for Scotland and Pearce v Governing Body of Mayfield School [2003] UKHL 34 primarily concerned whether dismissal on the grounds of sexual orientation amounted to discrimination under the Sex Discrimination Act 1975 (as amended (SDA)). Background Macdonald (M) had been dismissed from employment as an RAF officer because he was gay. Pearce (P), a school teacher, was continually taunted and abused by her pupils because she was a lesbian. Each claimed they had been subjected to discrimination under the SDA on the grounds that they were treated less favourably on the grounds of their sex. An individual claiming sex discrimination must identify a real or hypothetical comparator of the opposite sex to show the court they have been treated less favourably. M and P claimed that where a male who is sexually attracted to men (ie gay), is treated less favourably than a female who is sexually attracted to ...

Want to read on?

This article is part of our subscription-based access. Please pick one of the options below to continue.

Already registered? Login to access premium content

SUBSCRIBE for one User

Unlimited access to the entire SJ website for a full year for one user.

  • 10 issues a year delivered to you
  • Digital edition of the magazine for one user – sent to your inbox or accessible through the website
  • Access to premium content on the website
  • Access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online
  • Advanced search feature
  • Online support
  • Access to SJ app compatible with Android and Apple devices – coming soon!
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

Subscribe

CORPORATE SUBSCRIPTION

Your department or entire firm can subscribe to Solicitors Journal online, providing easy access for all who require it. Discount corporate subscription rates apply, based on number of users.

The Corporate IP Licence includes:

  • Digital copy of the magazine sent to individuals’ inboxes and accessible through the website. Solicitors Journal publishes 10 issues per year
  • Unlimited access to premium content on the website based on IP addresses
  • Unlimited access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online (username required)
  • Unlimited access to SJ app compatible with Android and Apple devices
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

The Corporate IP Licence is tailored to your firm, making it the most cost effective way for the firm to access Solicitors Journal, and enables the firm to remain compliant with copyright and our Terms and Conditions. This gives you the ability to print and circulate articles within the firm.

To enquire about a Corporate IP Licence for your firm, please contact our Subscriptions Manager on emily.beechey@solicitorsjournal.com.