Clarkslegal LLP - Solicitors in Reading and London

Legal Updates

Segregation by gender not sex discrimination

18 November 2016 #Employment

In R. (on the application of Interim Executive Board of X) v OFSTED the High Court was asked to decide whether a school that segregated pupils by gender was guilty of sex discrimination under the Equality Act. The court’s decision makes good reading for employers, who are under a similar duty not to discriminate.

The High Court said the school had not directly discriminated against its pupils. Since the girls and the boys were both denied the opportunity to interact with one another, neither group was treated less favourably than the other.

It may sound simple, but this decision provides welcome confirmation to employers that treating male and female staff differently will not be direct sex discrimination, unless one group is treated less favourably than the other as a result.

For useful factsheets, letters, policies and checklists on discrimination please visit 

Clarkslegal, specialist Employment lawyers in London, Reading and throughout the Thames Valley.
For further information about this or any other Employment matter please contact Clarkslegal's employment team by email at by telephone 020 7539 8000 (London office), 0118 958 5321 (Reading office) or by completing the form on this page.
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Louise Keenan

Louise Keenan

T: 0118 960 4614
M: 0779 900 7325


Employment team
+44 (0)118 958 5321