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Horsey v Dyfed CC

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Horsey v Dyfed County Council
CourtEmployment Appeal Tribunal
Citation IRLR 395
Court membership
Judge sittingBrowne-Wilkinson J
Keywords
Discrimination, stereotyping

Horsey v Dyfed County Council IRLR 395 is a UK labour law case, concerning the test for causation of discrimination.

Facts

Mrs Horsey was a Trainee Social Worker with Dyfed County Council, living in Aberystwyth. She successfully applied for a secondment to do a social work course in Maidstone and was accepted on this course. Her husband subsequently got a job in London so he could live with her whilst she completed the two-year course. Her employer then withdrew permission and funding for the course, as was found, because the employer thought she would probably not return. This was found to be on the basis of a ‘generalised assumption that married women follow their husband’s jobs.’

Judgment

Browne Wilkinson J held that Mrs Horsey had been discriminated against through this stereotyping. He said the words ‘on the grounds of’ in the SDA 1975 cover ‘cases where the alleged discriminator acts on generalised assumptions as to the characteristics of women or married or coloured persons’ and not just where ‘the sole factor influencing the decision of the alleged discriminator is the sex, marital status or race of the complainant’.

See also

Direct discrimination cases
Equality Act 2010 ss 13 and 136
Stefanko v Doherty and Maritime Hotel Ltd IRLR 322
Horsey v Dyfed County Council ICR 755
R (EOC) v Birmingham City Council AC 1155
James v Eastleigh BC UKHL 6
Webb v EMO Air Cargo (UK) Ltd (No 2) UKHL 13
Smith v Safeway plc ICR 868
Grant v South-West Trains Ltd ICR 449 (C-249/96)
Chief Constable of Yorkshire Police v Khan UKHL 48
Shamoon v Royal Ulster Constabulary UKHL 11
Roma Rights Centre v Prague Immigration UKHL 55
Homer v Chief Constable of West Yorkshire UKSC 15
Coleman v Attridge Law (2008) C-303/06
English v Sanderson Blinds Ltd EWCA Civ 1421
Grainger plc v Nicholson IRLR 4 (EAT)
see UK labour and equality law
Sources on justifying discrimination
Equality Act 2010 Sch 9
Etam plc v Rowan IRLR 150
Johnston v Royal Ulster Constabulary (1986) C-222/84
R (Amicus) v SS for Trade and Industry EWHC 860
Sirdar v The Army Board (1999) C-273/97
Kreil v Germany (2000) C-285/98
Lambeth LBC v Commission for Racial Equality ICR 768
Tottenham Green Nursery v Marshall (No 2) ICR 320
Equality Act 2010 s 19(2)(d)
Bilka-Kaufhaus GmbH v Weber von Hartz (1984) C-170/84
Kontofunktionaerernes Forbund v Danfoss (1989) C-109/88
Rinner-Kühn v FWW Gebäudereinigung KG (1989) C-171/88
Nimz v Freie und Hansestadt Hamburg (1991) C-184/89
Kutz-Bauer v Freie und Hansestadt Hamburg (2003) C-187/00
Allonby v Accrington & Rossendale College (2004) C-256/01
see UK labour law

Notes

References

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