Court of Justice of the EU PVS-CJEU-1996 Primary Settled

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

Case C-13/94 1996 EU

What This Authority Covers

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.

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.

Key Provisions

holding-1 Claimant
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 Claimant
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 Framework
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.

Current Status & Context

EU Court of Justice ruling under the Equal Treatment Directive 76/207/EEC. Established that dismissing a person for undergoing gender reassignment constitutes sex discrimination under EU law. Although the UK has left the EU, this principle was carried forward into the Equality Act 2010 s.7 (gender reassignment as a protected characteristic). Retained EU case law continues to have persuasive authority in UK courts.