B v A - sex discrimination and "but for" test - EAT 9.1.07
A solicitor had an affair with one of his employees and dismissed her when he found she was going out with another man. She brought unfair dismissal and sex discrimination claims against the solicitor. She won on both counts at the Stratford East employment tribunal. The solicitor appealed against the sex discrimination finding. The EAT has allowed his appeal on the basis that the tribunal had wrongly applied a "but for" test to the question of whether or not discrimination on grounds of sex had occurred.