In the recent case of MacDonald v Ministry of Defence the employment appeal tribunal departed from previous authorities, in holding that discrimination on the basis of homosexuality did amount to sex discrimination.
Before MacDonald
In the earlier case of Grant v South West Trains Limited the refusal of a travel pass, providing cheap travel, for a female homosexual employee's partner was found not to be discriminatory. The employee claimed that the refusal amounted to discrimination on the grounds that the concession would have been given had her partner been male. The condition ('no concession to a same sex partner') was one that applied equally to male and female employees and was held not to amount to discrimination.
