ABSTRACT
James v Eastleigh Borough Council (1990) HL A married couple, Mr and Mrs James were both aged 61. On reaching pensionable age at 60, Mrs James received free admission to the local authority swimming pool. This benefit was denied to Mr James, who had not yet reached the male pensionable age of 65. It was alleged that this was direct discrimination against Mr James solely on grounds of sex. In the judgment of the Court of Appeal, the applicant’s less favourable treatment was not ‘on the grounds of [his] sex’, as in determining discrimination, the subjective reason for the defendant’s actions, rather than the causative effect of that action, was of paramount importance.
