Horsey v Dyfed CC

Horsey v Dyfed County Council

Court| Employment Appeal Tribunal
Citation| [1982] IRLR 395
Court membership
Judge sitting| Browne-Wilkinson J
Keywords
Discrimination, stereotyping

Horsey v Dyfed County Council [1982] IRLR 395 is a UK labour law case, concerning the test for causation of discrimination.

## Facts

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Mrs Horsey was a Trainee Social Worker with Dyfed County Council, living in Aberystwyth. She successfully applied for a secondment to do a social work course in Maidstone and was accepted on this course. Her husband subsequently got a job in London so he could live with her whilst she completed the two-year course. Her employer then withdrew permission and funding for the course, as was found, because the employer thought she would probably not return. This was found to be on the basis of a ‘generalised assumption that married women follow their husband’s jobs.’

## Judgment

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Browne Wilkinson J held that Mrs Horsey had been discriminated against through this stereotyping. He said the words ‘on the grounds of’ in the SDA 1975 cover ‘cases where the alleged discriminator acts on generalised assumptions as to the characteristics of women or married or coloured persons’ and not just where ‘the sole factor influencing the decision of the alleged discriminator is the sex, marital status or race of the complainant’.

## See also

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* e

Direct discrimination cases

Equality Act 2010 ss 13 and 136

Stefanko v Doherty and Maritime Hotel Ltd [2019] IRLR 322

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)

see UK labour and equality law

* v
* t
* e

Sources on justifying discrimination

Equality Act 2010 Sch 9

Etam plc v Rowan [1989] IRLR 150

Johnston v Royal Ulster Constabulary (1986) C-222/84

R (Amicus) v SS for Trade and Industry [2004] EWHC 860

Sirdar v The Army Board (1999) C-273/97

Kreil v Germany (2000) C-285/98

Lambeth LBC v Commission for Racial Equality [1990] ICR 768

Tottenham Green Nursery v Marshall (No 2) [1991] ICR 320

Equality Act 2010 s 19(2)(d)

Bilka-Kaufhaus GmbH v Weber von Hartz (1984) C-170/84

Kontofunktionaerernes Forbund v Danfoss (1989) C-109/88

Rinner-Kühn v FWW Gebäudereinigung KG (1989) C-171/88

Nimz v Freie und Hansestadt Hamburg (1991) C-184/89

Kutz-Bauer v Freie und Hansestadt Hamburg (2003) C-187/00

Allonby v Accrington & Rossendale College (2004) C-256/01

see UK labour law

* UK labour law
* EU labour law

## Notes

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## References

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