Sirdar v The Army Board | |
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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.