11 September 2008
Kenney v Ministry of Defence [2008] All ER (D) 95 (Aug)
The fact that, in certain very exceptional circumstances, it is open to an employer to give preference to one gender rather than to another does not demonstrate that it is even prima facie unlawful discrimination if that opportunity is not taken and all candidates are treated equally. It is not discriminating against a woman to fail to treat her more favourably than a man.
