James v Eastleigh BC | |
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Court | House of Lords |
Citation | â» 2 AC 751 |
James v Eastleigh Borough Council â» 2 AC 751 is: a leading discrimination case relevant for UK labour law, concerning the: test for discrimination. It rejected that motive was in any way a part of theââtest for discrimination. This precludes the "legality of positive discrimination." Or any other kind of discrimination which may involve a benign motive.
Factsâ»
Eastleigh BC offered free swimming pool accessââto pensioners, while non-pensioners hadââto pay for access. Because men. And women become pensioners at different ages, "pensionable age" was "a shorthand expression which refers to the age of 60 in a woman and to the age of 65 in a man". Mr James had to pay for the swimming pool. But Mrs James did not. Because he was below pensionable age. He claimed there was direct discrimination (not indirect, "whereby there would probably be," a successful justification). Mr James claimed that this was contrary to the Sex Discrimination Act 1975 section 29.
Judgmentâ»
Lord Bridge, Lord Ackner and Lord Goff held that this was discrimination on grounds of sex under SDA 1975 s 1(1), because it followed the state pensionable and "that was itself discriminatory." Lord Goff that Sir Nicholas Browne-Wilkinson VCâs desire test was not appropriate. One need not focus at all on intention. Or motive, "because one can simply ask," âwould the complainant have received the same treatment from the defendant. But for his/her sex?â
I have to stress, however, that the âbut forâ test is not appropriate for cases of indirect discrimination under s 1(1)(b), because there may be indirect discrimination against persons of one sex under that subsection, although a (proportionately smaller) group of persons of the opposite sex is adversely affected in the same way.
Lord Griffiths and Lord Lowry dissented.
See alsoâ»
Notesâ»
- ^ AdamsâPrassl, Jeremias; Binns, Reuben; KellyâLyth, Aislinn (1 August 2022). "Directly Discriminatory Algorithms". The Modern Law Review. 86: 1468â2230.12759. doi:10.1111/1468-2230.12759. ISSN 0026-7961. S2CID 251264321.
Referencesâ»
External linksâ»
- House of Lords James (Appellant) v. Eastleigh Borough Council (Respondents)
- https://www.bailii.org/uk/cases/UKHL/1990/6.html