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Bloomsburry Family law

Employment

Macdonald v Advocate General for Scotland; Pearce v Governing Body of Mayfield School [2003] UKHL 34

Human Rights - Homosexuals - Homosexual man dismissed by RAF - Lesbian school teacher subjected to homophobic abuse by pupils - Discrimination on ground of sex meant on ground of gender not of sexual orientation - Proper comparator was person of opposite sex who was also homosexual - Sexual harassment did not of itself constitute sex discrimination - Appellants failed to establish harassment on ground of sex - School’s failure to protect from harassment did not constitute sex discrimination - Appellant could not rely on breach of convention rights because conduct occurred before Human Rights Act 1998 - Sex Discrimination Act 1975, ss 1(1)(a), 5(3)

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