The full text of the judgment in this case is available free of charge on the BAILII website.
Representation:
Mr G. Clarke instructed by the Equal Opportunities Commission Legal Services, Arndale House, Arndale Centre, Manchester M4 3EQ for Ms Brumfitt
Mr P. Sales QC and Ms Sarah Moore instructed by the Treasury Solicitor (Employment Team), Queen Anne's Chambers, 28 Broadway, London SW1H 9JS for the Ministry of Defence & Sgt Fitzpatrick
An example of a case in which:-
the fact that a man uses offensive words of a sexual nature in conversation with a woman does not constitute discrimination unless it can be shown or inferred that this was less favourable treatment than the man would have meted out to another man in a comparable situation.
For relevant general notes see Sex discrimination/direct discrimination .
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prepared Dec2004