P v S and Cornwall County Council (Case C-13/94)

In brief

The Court of Justice of the European Communities ruled that dismissing an employee for undergoing gender reassignment constitutes discrimination on grounds of sex contrary to the Equal Treatment Directive. The principle of equal treatment 'for men and women' could not be confined to discrimination based on whether a person is of one sex or the other, but also extends to discrimination arising from gender reassignment.

Key provisions

• holding-1 — Dismissal for gender reassignment is sex discrimination under EU Equal Treatment Directive : The Court of Justice of the EU held that dismissal for undergoing gender reassignment constitutes sex discrimination under the EU Equal Treatment Directive.
• holding-2 — Equal treatment principle extends beyond binary sex to include gender reassignment : The equal treatment principle extends beyond binary sex comparisons to include gender reassignment as falling within the scope of sex-based protections.
• holding-3 — Foundation for UK domestic protection of gender reassignment : Provided the foundation for UK domestic protection of gender reassignment in employment law, directly influencing the Sex Discrimination (Gender Reassignment) Regulations 1999 and ultimately s.7 EA2010.

When relevant

Historical foundation for gender reassignment as a protected characteristic. Understanding why s.7 EA2010 exists and the EU law origins of trans workplace protection in the UK.