I'd like to see them try to actually discharge a bloke for failing his fitness test - especially if he could comfortably manage the Female standard for his age group. I imagine the testimony at the ET would go something like this:
"But if I were a woman, you wouldn't be throwing me out right now, because I would have passed. You are effectively throwing me out because I am male, and that equates to Gender Discrimination.....etc etc"
I'm sure a competent lawyer could frame an argument better than I; hell, even a 10-bob-an-hour, no-win-no-fee junior solicitor would clean up on this one!
Get your chequebook out, Gordon - you're gonna need it...
16B