| Sirdar v The Army Board | |
|---|---|
| Court | European Court of Justice |
| Full case name | Sirdar v The Army Board & Secretary of State for Defence |
| Decided | 26 October 1999 |
| Citations | (1999) C-273/97, ECR I-7403 |
| Keywords | |
| Discrimination | |
Sirdar v The Army Board (1999) C-273/97 is a UK labour law case concerning genuine occupational requirements for a job.
Facts
Ms Sirdar was refused a position in the marines, and made redundant from position as chef. In the marines there had to be interoperability, so all marine members had to be capable of combat. There was a ban on combat for women.
Judgment
The ECJ held Member States ‘depending on the circumstances, national authorities have a certain degree of discretion when adopting measures which they consider to be necessary in order to guarantee public security in a Member State’. Because marines were the ‘point of the arrow head’ the competent authorities were justified in having it be exclusively male.
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 |