You are here

A v Chief Constable of West Yorkshire Police [2004] UKHL 21

EC law - Interpretation - Transsexuals - Police officers - Genuine occupational requirements - Searches - Application of community law - Gender of post-operative transsexuals - Genuine occupational qualifications for police constables - Sex Discrimination Act 1975, s 7 - Police and Criminal Evidence Act 1984, s 54 - Council Directive 76/207 1976, Art 2 - European Convention on Human Rights 1950 - Sex Discrimination Act 1975, s 1 - Sex Discrimination Act 1975, s 2 - Sex Discrimination Act 1975, s 6

14 May 2004

The appellant chief constable (C) appealed against a decision that he was not entitled to invoke the Sex Discrimination Act 1975, s 7 so that it was lawful to discriminate against the respondent (P) in refusing to offer her employment. P was a post-operative male-to-female transsexual. Her application to join the police force as a woman was rejected by C in March 1998 on the ground that she could not perform the full searching duties required of a constable pursuant to the Police and Criminal Evidence Act 1984, s 54. C maintained that it was a genuine occupational qualification, within the meaning of s 7 of the 1975 Act, for a constable to be capable of searching men or women and P could search neither given that under domestic law she was a man, but she was otherwise, for all intents and purposes, a woman. P relied on the prohibition of any discrimination on grounds of sex in the Council Directive 76/207 Art 2(1). The Court of Appeal ruled in favour of P on the basis that the jurispru...

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.