header-logo header-logo

05 January 2018 / Charles Pigott
Issue: 7775 / Categories: Features , Discrimination
printer mail-detail

Better together?

nlj_7775_piggott

Charles Pigott talks gender segregation & discrimination, & considers what we can learn from the Al-Hijrah school case

  • The Court of Appeal has ruled that gender segregation at a single site mixed school was direct sex discrimination.
  • However the majority stopped short of holding that such segregation was inherently discriminatory against women and girls.

The Court of Appeal’s decision in HM Chief Inspector of Education, Children’s Services and Skills v The Interim Executive Board of Al-Hijrah School and others [2017] EWCA Civ 1426 identifies head on some difficult issues of discrimination law arising from the segregation of school pupils on religious grounds.

Al-Hijrah school is a voluntary aided faith school for boys and girls aged from four to 16. Although operating on a single site, it has followed the practice of educating boys and girls separately from Year Five onwards. The question before the Court of Appeal was whether this practice amounted to direct discrimination on grounds of sex.

History of the litigation

The story starts with an Ofsted inspection report

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

Daniel Burbeary, office managing partner of Michelman Robinson, discusses launching in London, the power of the law, and what the kitchen can teach us about litigating

Joelson—Jennifer Mansoor

Joelson—Jennifer Mansoor

West End firm strengthens employment and immigration team with partner hire

Sidley—Jeremy Trinder

Sidley—Jeremy Trinder

Global finance group strengthened by returning partner in London

NEWS
The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
Lawyers have been asked for their views on proposals to change the penalties for assaulting a police officer
back-to-top-scroll