Workplace Report July 2004

Law - Discrimination

An “organisation of workers”

Case 10: The facts

The CIU, the body governing the working men’s clubs movement, has a rule that bars women from becoming “associates” of the CIU; this means they cannot attend clubs other than their own as a right, take part in CIU activities and meetings, or stand for election to the CIU branch or Executive.

Mrs Medley claimed that the rule is discriminatory, and brought a claim under section 12 of the Sex Discrimination Act 1975, which prevents unlawful discrimination in respect of membership to certain types of organisation.

The ruling

Although the EAT was critical of the CIU rule, it held that the CIU did not meet the definition of “an organisation of workers, an organisation of employers, or any other organisation whose members carry on a particular profession or trade for the purposes of which the organisation exists”, to which section 12 of the Act applies.

Consequently Mrs Medley was not able to bring a claim under the Act and had no remedy.

Medley v Working Men’s Club & Institute Union Ltd EAT/0782/03