[2004] EWHC 860 (Admin), High Court, judment on 26th April 2004, reported at [2004] IRLR 430..

NOTES

  • R (on application of Amicus, NATFHE, UNISON, NASUWT, Public & Commercial Services Union, NURMTW and NUT) v Secretary of State for Trade and Industry, [2004] EWHC 860 (Admin), High Court, judment on 26th April 2004, reported at [2004] IRLR 430.
  • The full text of this judgment is available free of charge on the Court Service website.

    This is the case in which six trade unions applied for judicial review, but failed, in an attempt to get a declaration that the Employment Equality (Sexual Orientation) Regulations 2003, SI 2003/1661, which came into force on 1st December 2003, did not properly implement the EC Equal Treatment Framework Directive 2000/78/EC.

    In particular the unions claimed that the marital status exception in reg 25 was not permitted by the EC Framework Directive.

    The High Court rejected the claims mainly on the basis that given a purposive construction the regulations properly implemented the directive. The Court specifically confirmed as a general principle that legislation implementing Directives is not required to copy out the wording of the Directive in full. However the High Court gave leave to appeal to the Court of Appeal.

    For relevant notes in this programme go to Sex discrimination/homosexuals & transsexuals/sexual orientation regulations 2003 .

    FINISH>
    prepared June2004.