Decided 26 October 1999 Ruling court European Court of Justice | End date October 26, 1999 | |
Full case name Sirdar v The Army Board & Secretary of State for Defence Citation(s) (1999) C-273/97, [1999] ECR I-7403 Similar Alpine Investments BV v Mini, Association belge des Consom, Faccini Dori v Recreb Srl, Überseering BV v Nordic C, Etam plc v Rowan | ||
Sirdar v The Army Board (1999) C-273/97 is a UK labour law case concerning genuine occupational requirements for a job.
Contents
Facts
Ms Sirdar was refused a position in the marines, and made redundant from position as chef. In the marines there had to be interoperability, so all marine members had to be capable of combat. There was a ban on combat for women.
Judgment
The ECJ held Member States ‘depending on the circumstances, national authorities have a certain degree of discretion when adopting measures which they consider to be necessary in order to guarantee public security in a Member State’. Because marines were the ‘point of the arrow head’ the competent authorities were justified in having it be exclusively male.
References
Sirdar v The Army Board Wikipedia(Text) CC BY-SA