Bain v Bowles and Others
| Jurisdiction | England & Wales |
| Court | Court of Appeal (Civil Division) |
| Judgment Date | 19 April 1991 |
Court of Appeal
Before Lord Justice Dillon, Lord Justice Mann and Lord Justice Beldam
Sex discrimination - advertisement - refusal to publish
In refusing, pursuant to a long-established policy, to publish an advertisement by a man resident in Italy for a cook and housekeeper to work at his residence, the publishers of a magazine were guilty of unlawful sexual discrimination contrary to the Sex Discrimination Act 1975.
The Court of Appeal so held in allowing an appeal by the plaintiff, Mr N M Bain, from the dismissal by Judge Harris, QC, on June 4, 1990 in Westminster County Court of the plaintiff's claim against the defendants, Mrs M M Bowles, Mr T G A Bowles and Ms J M Budworth, proprietors of The Lady, and The Lady (a Firm), for, inter alia, a declaration in respect of an alleged breach of the 1975 Act.
Mr Anthony Scrivener, QC and Mr Michael Lazarus for the plaintiff; Mr Frederic Reynold, QC and Mr Harry Trusted for the defendants.
LORD JUSTICE DILLON said that the plaintiff asked the defendants to publish the following advertisement: "Tuscany Scottish gentleman seeks referenced working housekeeper/cook for non-isolated country home in heart lovely Chianti between Florence/Sienna. Own three-roomed apartment. Write giving telephone number to" an address in Chianti.
The defendants wrote back refusing the advertisement for the reason that "we only publish advertisements offering domestic positions outside the United Kingdom when there is a lady of the household present where the successful applicant will reside and carry out their duties and that lady should be the employer."
The plaintiff brought proceedings claiming, inter alia, that he had been unlawfully sexually discriminated against contrary to sections 1(1)(a) and 29 of the 1975 Act.
Section 1 provided: "(1) A person discriminates against a woman in any circumstances relevant for the purposes of any provision of this Act if (a) on the ground of her sex he treats her less favourably than he treats or would treat a man…"
By section 2, the provisions relating to sex discrimination against women were to be read as applying, with the appropriate modifications, equally to the treatment of men. Section 29 was concerned with discrimination in the provision of goods, facilities or services.
The defendants explained that they had had trouble in the past when they had advertised domestic positions and young girls accepting the...
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Naeem v The Secretary of State for Justice
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...authorities principally relied upon by the appellants under this head are R -v—CRE (ex parte Westminster City Council) [1985] ICR 827, Bain -v—Bowles [1991] IRLR 357 and James -v—Eastleigh Borough Council [1992] AC 73 In the CRE case the council had dismissed a black road sweeper to whose ......
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