Smith v Gardner Merchant Ltd

JurisdictionUK Non-devolved
Date1996
CourtEmployment Appeal Tribunal
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4 cases
  • MacDonald v Ministry of Defence
    • United Kingdom
    • Employment Appeal Tribunal
    • Invalid date
  • Pearce v Governing Body of Mayfield School
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 31 July 2001
    ...in the one case are the same, or not materially different, in the other." This difficult issue was considered by this court in Smith v Gardner Merchant [1998] IRLR 510. A male homosexual barman complained of offensive remarks about his sexuality from a female colleague. Ward LJ accepted (pa......
  • Pearce v Governing Body of Mayfield School
    • United Kingdom
    • Employment Appeal Tribunal
    • Invalid date
  • Smith v Gardner Merchant Ltd
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 14 July 1998
    ...once the discrimination is not "based on stereotypical assumptions as to gender characteristics"—to borrow Simon Brown L.J.'s words in Smith - then the matter is no longer straightforward. The case will be different when it is not a "gender-based criterion (which) is the basis upon which th......

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