solicitor, in a small practice, dismissed his much younger personal assistant with whom he had been having a sexual relationship. He had become jealous when he discovered she was also having an affair with a University student.
The EAT overturned the tribunal's finding that this dismissal amounted to sex discrimination. In its judgment, the EAT sought to draw a distinction between the statutory phrase, 'on the grounds of her sex', and the 'but for' test which the tribunal applied.
More easily understood was the basic premise that if the reason for dismissal was "jealousy" (as the tribunal found), such a reason is "inconsistent with the reason being her sex" (para. 24).
B v A