Sirdar v The Army Board

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
Citation(s)	(1999) C-273/97, [1999] 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.

Direct discrimination cases

Equality Act 2010 s 13

Horsey v Dyfed County Council [1982] ICR 755

R (EOC) v Birmingham City Council [1989] AC 1155

James v Eastleigh BC [1990] UKHL 6

Webb v EMO Air Cargo (UK) Ltd (No 2) [1995] UKHL 13

Smith v Safeway plc [1996] ICR 868

Grant v South-West Trains Ltd [1998] ICR 449 (C-249/96)

Chief Constable of Yorkshire Police v Khan [2001] UKHL 48

Shamoon v Royal Ulster Constabulary [2003] UKHL 11

Roma Rights Centre v Prague Immigration [2004] UKHL 55

Homer v Chief Constable of West Yorkshire [2012] UKSC 15

Coleman v Attridge Law (2008) C-303/06

English v Sanderson Blinds Ltd [2008] EWCA Civ 1421

Grainger plc v Nicholson [2010] IRLR 4 (EAT)

Notes

References

External links

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