Sex discrimination laws

Case 17: The facts

The Equal Opportunities Commission (EOC) applied for a judicial review of the UK’s sex discrimination law, on the grounds that it does not comply with the European Equal Treatment Directive.

The ruling

The High Court ruled in the EOC’s favour. It agreed that the definition of harassment in UK law is too narrow and does not give the broad protection intended by the directive: it should be amended, the court said, to outlaw unwanted conduct that is “related to” rather than merely “on grounds of” sex.

Furthermore, the law should make it clear that a woman on maternity leave has legal protection if she is not consulted about a change to her job while on maternity leave, or if she has to wait longer for promotion because her additional maternity leave has not been counted in her length of service.

The court also said that the need for a comparator in pregnancy and maternity leave discrimination claims should be removed.

Changes to the law will follow this ruling.

Equal Opportunities Commission v Secretary of State for Trade and Industry [2007] EWCH 483