In The Interim Executive Board of X School v HM Chief Inspector of Education, Children's Services and Skills, the High Court decided that a faith school's policy of segregating boys and girls when they reach a certain age does not amount to direct sex discrimination. Given both boys and girls were being denied the opportunity to interact, socialise with and learn from the opposite sex, there was no discrimination. The court noted the historic and cultural impact that segregation has at times had on the "less powerful group". If it had been established that faith schools in general, and Islamic schools in particular, segregate the sexes because they consider girls as inferior and/or that girls should be separately prepared for a lesser role in society, then it would follow that girls are being subjected to a greater or particular detriment which could amount to sex discrimination. This was not the case here.
In the case of Bandara v BBC, the Employment Appeal Tribunal (EAT) held that the employment tribunal (ET) did not err in law in concluding that a final written warning was “manifestly inappropriate”. Approximately seven months after receiving a final written warning, the employee was dismissed for gross misconduct. The EAT confirmed (following the Court of Appeal decision in Davies v Sandwell MBC) that in assessing the fairness of the dismissal, the ET was entitled to consider all material factors. Normally previous warnings should not be assessed by the ET but here, in these exceptional circumstances, the ET could consider the extent to which the employer relied on the final written warning and whether its decision to dismiss would still fall within the reasonable range of responses.