Matches in DBpedia 2016-04 for { ?s ?p "P v S and Cornwall County Council was a landmark case of the European Court of Justice (ECJ) which extended the scope of sex equality to discrimination against transsexuals.The case concerned a United Kingdom (UK) trans woman, referred to as P in court proceedings, who was dismissed from her post after informing her employers that she was undergoing gender reassignment. She took her employers to an Employment Tribunal. The Tribunal agreed that she had been dismissed because of her gender reassignment, but was unable to rule that she had been discriminated against because at that time the Sex Discrimination Act (SDA) offered little protection to transsexual people. If P had been a trans man, he would have been treated in the same way and so there were no grounds in the SDA to rule that P had been discriminated against. However, the UK was part of the European Community and thus obliged to implement the Equal Treatment Directive. The Tribunal felt the scope of the Directive was wider than that of the SDA and accordingly asked the ECJ for a preliminary ruling. Effectively, the Tribunal asked the Court to rule whether the Directive precluded dismissal of a transsexual for a reason related to his or her gender reassignment.The Court, assisted by an influential opinion from Advocate General Tesauro, ruled that the Directive was an expression of a fundamental principle of equality and thus that the Directive did indeed preclude dimissal for a reason related to gender reassignment. The Tribunal was able to rule in P's favour and P received compensation from her employers.It was the first piece of case law, anywhere in the world, which prevents discrimination in employment or vocational education because someone is transsexual. The scope of the ruling is considered as applying to transsexuals "intending to undergo, undergoing or [who] have undergone gender reassignment". However, the Court left open the question of employment where the natal sex or its continuity was a constitutive element in the employee's job. In UK law this is reflected in the Equality Act 2010 where transsexuals can be barred from gender-specific services if that is "a proportionate means of achieving a legitimate aim"."@en }
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- Q21187543 abstract "P v S and Cornwall County Council was a landmark case of the European Court of Justice (ECJ) which extended the scope of sex equality to discrimination against transsexuals.The case concerned a United Kingdom (UK) trans woman, referred to as P in court proceedings, who was dismissed from her post after informing her employers that she was undergoing gender reassignment. She took her employers to an Employment Tribunal. The Tribunal agreed that she had been dismissed because of her gender reassignment, but was unable to rule that she had been discriminated against because at that time the Sex Discrimination Act (SDA) offered little protection to transsexual people. If P had been a trans man, he would have been treated in the same way and so there were no grounds in the SDA to rule that P had been discriminated against. However, the UK was part of the European Community and thus obliged to implement the Equal Treatment Directive. The Tribunal felt the scope of the Directive was wider than that of the SDA and accordingly asked the ECJ for a preliminary ruling. Effectively, the Tribunal asked the Court to rule whether the Directive precluded dismissal of a transsexual for a reason related to his or her gender reassignment.The Court, assisted by an influential opinion from Advocate General Tesauro, ruled that the Directive was an expression of a fundamental principle of equality and thus that the Directive did indeed preclude dimissal for a reason related to gender reassignment. The Tribunal was able to rule in P's favour and P received compensation from her employers.It was the first piece of case law, anywhere in the world, which prevents discrimination in employment or vocational education because someone is transsexual. The scope of the ruling is considered as applying to transsexuals "intending to undergo, undergoing or [who] have undergone gender reassignment". However, the Court left open the question of employment where the natal sex or its continuity was a constitutive element in the employee's job. In UK law this is reflected in the Equality Act 2010 where transsexuals can be barred from gender-specific services if that is "a proportionate means of achieving a legitimate aim".".