This case concerns gipsies, and whether they are a racial group within the Race Relations Act 1976 . Citations: [1988] EWCA Civ 17, [1989] 1 All ER 306, [1989] 2 WLR 17, [1989] QB 783, [1989] IRLR 8 Links: Bailii Jurisdiction: England and Wales Discrimination Updated: 20 December 2022; Ref: scu.381759
The complainant, a Cypriot, argued that the respondent college’s practice, determined by government policy, of charging higher fees to ‘overseas’ students than to ‘home’ students indirectly discriminated against him on the ground of his race. ‘Overseas’ students were defined as those who had not been resident in the UK or the EEC for the three … Continue reading Orphanos v Queen Mary College: HL 1985
The Respondent had authorised immigration officers to act in a way which would otherwise be a discrimination against Tamils under the 1976 Act. They complained that authorisations had been effectively and unlawfully delegated. Held: The evaluations would in practice be carried out by individual immigration officers, and the decisions would be theirs. The authorisation therefore … Continue reading Regina (Tamil Information Centre) v Secretary of State for the Home Department: Admn 18 Oct 2002
Citations: [1998] EWCA Civ 251 Statutes: Race Relations Act 1976 1(4)(a) 4(2)(b) Jurisdiction: England and Wales Discrimination Updated: 14 November 2022; Ref: scu.143729
The court considered an adoption in Pakistan which was valid in Pakistan but would not be recognised here. The natural father and the adoptive father were from the same family. The adoptive parents were unable to have a children of their own, and the adoption was a gift – an act of grace. At first … Continue reading Re J (Adoption: Non-Patrial): CA 1998
The claimant’s brother had died whilst in custody. Prosecutions of police officers had failed, and the claimant alleged that Crown Prosecution Service had been negligent and discriminatory in its conduct of the prosecution. Citations: [2006] EWCA Civ 1741 Links: Bailii Statutes: Race Relations Act 1976 Jurisdiction: England and Wales Discrimination, Legal Professions Updated: 22 October … Continue reading Alder v The Chief Constable of Humberside Police and others: CA 18 Dec 2006
Health insurer is not body providing qualification to carry on profession or trade and not liable as such in race discrimination laws. Citations: Times 24-Jul-1997, [1997] EWCA Civ 2046 Statutes: Race Relations Act 1976 12 Jurisdiction: England and Wales Cited by: Cited – Kelly v Northern Ireland Housing Executive; Loughran v Northern Ireland Housing Executive … Continue reading Dr Tattari v Private Patients Plan Limited: CA 8 Jul 1997
Judges: Mummery, Richards, Rimer LJJ Citations: [2011] EWCA Civ 1519 Links: Bailii Statutes: Race Relations Act 1976 Jurisdiction: England and Wales Citing: Appeal from – Bouzir v Country Style Foods Ltd EAT 18-May-2011 EAT RACE DISCRIMINATION – Burden of proofThe Employment Tribunal did not apply section 54A(2) of the Race Relations Act 1976. The facts … Continue reading Country Style Foods Ltd v Bouzir: CA 8 Dec 2011
EAT RACE DISCRIMINATION: Aiding and abetting Issues relating to s11 and s33 Race Relations Act 1976 correctly dealt with by a Tribunal on a striking-out application. Judges: Ansell J Citations: [2008] UKEAT 0270 – 08 – 1408 Links: Bailii Statutes: Race Relations Act 1976 11 33 Jurisdiction: England and Wales Employment, Discrimination Updated: 01 October … Continue reading Shestak v Royal College of Nursing and others: EAT 14 Aug 2008
Miss Singh challenged her school’s policy which operated to prevent her wearing while at school a steel bangle, a Kara. She said this was part of her religion as a Sikh. Held: Earlier comparable applications had been made under human rights law, but this was under the 1976 Act. The evidence established that the Sikh … Continue reading Watkins-Singh, Regina (on the Application of) v The Governing Body of Aberdare Girls’ High School and Another: Admn 29 Jul 2008
Appeal from refusal of jurisdiction Judges: Morison P J Citations: [1998] UKEAT 116 – 98 – 1102 Links: Bailii Statutes: Race Relations Act 1976, Trade Union and Labour Relation (Consolidation) Act 1992 Jurisdiction: England and Wales Cited by: See Also – Aniagwu v London Borough of Hackney and Another EAT 2-Sep-1998 . .See Also – … Continue reading Aniagwu v London Borough of Hackney and Another: EAT 11 Feb 1998
EAT RACE DISCRIMINATION – Burden of proofThe Employment Tribunal did not apply section 54A(2) of the Race Relations Act 1976. The facts upon which the Claimant relied, taken as a whole were such that the Tribunal could conclude in the absence of an adequate explanation that the Respondent refused or deliberately omitted to offer him … Continue reading Bouzir v Country Style Foods Ltd: EAT 18 May 2011
EAT JURISDICTIONAL POINTS – 2002 Act and pre-action requirements Whether the statutory grievance procedure applies to a claim of post-termination victimisation. It does.A claim alleging victimisation in consequence of evidence contained in witness statements served in proceedings in the employment tribunal failed for immunity. Judges: Peter Clark HHJ Citations: [2010] UKEAT 0022 – 10 – … Continue reading Parmar v East Leicester Medical Practice: EAT 5 Nov 2010
The claimant appealed against a finding that there had been no race discrimation in her case. She had overheard a manager refer to her as ‘the wog’. She said that this was sufficient to mean that she suffered a detriment. The employer replied that the word detriment shouldbe looked at not by the effect on … Continue reading De Souza v Automobile Association: CA 19 Dec 1985
EAT PRACTICE AND PROCEDURE: Case managementUNFAIR DISMISSAL: Constructive dismissalRACE DISCRIMINATION: Burden of proofAn Employment Tribunal did not err in law when it upheld the Claimant’s claim in part that she had been discriminated against by being excluded from a recruitment process, in which as a manager she should have been involved, on the ground of … Continue reading St Christopher’s Fellowship v Walters-Ennis: EAT 8 Oct 2009
The defendant’s employee disliked his neighbours – the plaintiffs. Whilst working in the sorting office, he wrote racially abusive materials on letters addressed to them. The plaintiffs appealed a finding that the defendant was not liable because the acts were not carried out as part of the employee’s work. Held: The test was whether the … Continue reading Irving and Irving v Post Office: CA 1987
EAT PRACTICE AND PROCEDURE: Striking-out/dismissal VICTIMISATION DISCRIMINATION: Other forms of victimisation The Employment Judge wrongly struck out the Claimant’s claim of victimisation under the Race Relations Act 1976 when, post-termination of employment, the Claimant contended the Respondent took steps to avoid paying a sum awarded by the Employment Tribunal and ordered by the County Court. … Continue reading Coutinho v Rank Nemo (DMS) Ltd: EAT 16 Sep 2008
EAT JURISDICTIONAL POINTS: Extension of time: just and equitable In considering whether it is just and equitable to exercise its discretion under Section 68 of the Race Relations Act 1976 to extend the time for the submission of the Originating Application the Employment Tribunal should have regard to the total period of delay. Citations: [2008] … Continue reading Orchid Pubs Ltd v Griffiths: EAT 25 Sep 2008
The court considered the use of injunctions to restrain breaches of planning control. The applicants were gypsies who had taken up occupation of land in mobile homes. The respondent had given them twelve months for them to find alternative accomodation. The extended time was intended to minimise disruption to the children’s education. Held: Even if … Continue reading O’Brien and others v South Cambridgeshire District Council: CA 24 Oct 2008
EAT RACE DISCRIMINATION: Direct / Burden of proof / Other losses PRACTICE AND PROCEDURE: Delay in ET judgment STATUTORY DISCIPLINE and GRIEVANCE PROCEDURES: Impact on compensation C, aged 40, dismissed from bank ostensibly for redundancy, but the dismissal held by the Employment Tribunal to have been unfair and on racial grounds – Decision announced informally … Continue reading Abbey National Plc and Another v Chagger: EAT 16 Oct 2008
EAT RACE DISCRIMINATION: Direct PRACTICE AND PROCEDURE: Appellate jurisdiction< br />On application of Race Relations Act 1976 the Employment Tribunal did not err in rejecting the Claimant’s complaint that, in context, depiction of her as Mediterranean was unlawful discrimination. Employment Appeal Tribunal procedure on appeals explained. Judges: McMullen QC J Citations: [2008] UKEAT 0006 – … Continue reading Haritaki v South East England Development Agency: EAT 22 Jul 2008
EAT RACE DISCRIMINATION Detriment CONTRACT OF EMPLOYMENT Wrongful dismissal Appellant wrongly and unreasonably accused by employers of sexual harassment. Employers accept his denial but instruct him not seek to discuss the charges with the alleged victim. Appellant subsequently disobeys that instruction and is summarily dismissed.Tribunal holds:(1) Appellant not entitled to a claim that dismissal was … Continue reading Olasehinde v Panther Securities Plc: EAT 10 Jun 2008
Application for leave to appeal. Judges: Munby J Citations: [2008] EWHC 1665 (Admin) Links: Bailii Statutes: Race Relations Act 1976 Jurisdiction: England and Wales Citing: Principle judgement – E v The Governing Body of JFS and Another Admn 3-Jul-2008 The court considered the impact of secular discrimination policy on admissions policies of religious schools. Held: … Continue reading E v The Governing Body of JFS and Another: Admn 16 Jul 2008
The court considered how a claimant can establish a claim for race discrimination. Mummery LJ said: ‘The first part of the question is: ‘Was the applicant treated less favourably than they treated or would treat another person of a different racial group in the same or relevantly similar circumstances? The answer requires a comparison to … Continue reading Marks and Spencer Plc v Martins: 1998
EAT VICTIMISATION DISCRIMINATION: DismissalUNFAIR DISMISSAL: Reasonableness of dismissalReason for dismissal for purposes of (a) s2 RRA victimisation claim and (b) unfair dismissal. Whether s2(2) RRA disqualified the Claimant from pursuing victimisation claim. Reasonableness under s98(4) dependant on (a) finding of victimisation being upheld (it was not) and (b) finding of failure to carry out reasonable … Continue reading HM Prison Service and others v Ibimidun: EAT 2 Apr 2008
The court was asked as to whether the provisions for the reversal of the burden of proof in discrimination cases was limited to findings of discrimination or extended also to issues of victimisation, and as to whether section 5A had properly incorporated the European Directive. Held: The test in section 54A and in Igen v … Continue reading Oyarce v Cheshire County Council: CA 2 May 2008
The professor had sought time off to represent another lecturer claiming race discrimination against the University. The University said that her behaviour created a conflict of interest with the University. She continued and herself claimed victimisation. After the case failed, she was herself suspended, and her email account searched from which further disciplinary charges were … Continue reading Fosh v Cardiff University: EAT 23 Jan 2008
A private school had refused to admit the claimant, a sikh, because he would be unable to wear the school uniform. He claimed racial discrimination. The school denied that being a Sikh was a membership of a racial or ethnic group. Held: Sikhs were a racial group defined by ethnic origins for the purpose of … Continue reading Mandla (Sewa Singh) v Dowell Lee: HL 24 Mar 1982
A re-instatement award after a finding of racial discrimination is in two stage process. The first part consisting of the order for re-instatement stays the balance of the award provisionally until the order for re-instatement has been complied with or otherwise. Citations: Gazette 14-Jan-1998 Statutes: Race Relations Act 1976 Jurisdiction: England and Wales Citing: See … Continue reading D’Souza v London Borough of Lambeth: EAT 14 Jan 1998
The Trust appealed against a finding of race discrimination. He was a doctor working as a locum. He had been summarily dismissed in breach of the respondent’s own procedures and professional standards. Held: The appeal succeeded. The tribunal had erred in that it had made the assumption, for which there was no factual basis, that … Continue reading Alexandra Healthcare NHS Trust and Another v Effa: EAT 21 Apr 1998
Application for leave to appeal. Judges: Mummery LJ Citations: [2001] EWCA Civ 1761 Links: Bailii Statutes: Race Relations Act 1976 68(6) Jurisdiction: England and Wales Citing: See Also – Rajendra Chaudhary v Royal College of Surgeons of Great Britain and Ireland and others CA 8-Nov-2001 Application for leave to appeal. . . Cited by: See … Continue reading Rajendra Chaudhary v Royal College of Surgeons of Great Britain and Ireland and others: CA 8 Nov 2001
EAT Unfair Dismissal – CompensationIn each case, The employee sought additional damages for non-economic loss after an unfair dismissal. Held: The Act could be compared with the Discrimination Acts which explicitly awarded damages for hurt feelings. Clear authority lay against such awards in unfair dismissal cases. An Employment Tribunal considering a claim for damages for … Continue reading Dunnachie v Kingston Upon Hull City Council; Williams v Southampton Institute; Dawson v Stonham Housing Association: EAT 8 Apr 2003
The claimant’s claim for race discrimination had been dismissed on appeal by the EAT. He now appealed to restore the judgement of the employment tribunal. He had begun an action against his employer, and then unsuccessfully applied for employment with the respondent. He later discovered that there had been conversations between the two employers. Held: … Continue reading Scott v London Borough of Hillingdon: CA 18 Dec 2001
The applicant appealed an order striking out her complaint of race discrimination as hopeless. She sought recognition as a veterinary surgeon. Her claim had been dismissed because, under the section the College exercised a statutory power. She asserted that the regulations gave a wide discretion to the College to exempt individuals from all or part … Continue reading Dr (Mrs) U A Uruakpa v Royal College of Veterinary Surgeons: EAT 18 Jun 2001
The employer, a vehicle hire operator, explained to the Claimant employee following her appointment as a receptionist their policy that if she received an enquiry from any coloured or Asians, judging by their voices, she was to tell them that there were no vehicles available. Upset by that policy she promptly resigned, and later claimed … Continue reading Weathersfield Ltd (T/a Van and Truck Rentals) v Sargent: CA 10 Dec 1998
A Local Authority had a duty of care to a fostering family when allocating children. A child was known to have a history of sexual abuse and was fostered with a family with other children, and no warning had been given.Foster parents sued the council for breach of contract and for alleged negligence for breach … Continue reading W 1-6 v Essex County Council and Another: CA 2 Apr 1998
The Council opposed sporting links with South Africa. The local rugby club failed to denounce apartheid and did not seek to dissuade three of its players touring with the national side. The Court of Appeal had refused judicial review of the council’s decision to ban the club from playing at the ground which it owned. … Continue reading Wheeler v Leicester City Council; In re Wheeler and others: HL 25 Jul 1985
Citations: [1998] EWHC Admin 451 Links: Bailii Statutes: Race Relations Act 1976 1(1) Citing: See Also – Mensah v Royal College of Midwives EAT 17-Dec-1996 . . Lists of cited by and citing cases may be incomplete. Discrimination, Employment Updated: 27 May 2022; Ref: scu.138572
Prisoners are a section of the public for the purposes of the 1976 Act. The Court increased an award for injury to feelings awarded for race discrimination by prison officers from pounds 50 to pounds 500. The court considered the appropriate level of damages to be awarded in race discrimination cases: ‘damages for this relatively … Continue reading Alexander v Home Office: CA 1988
The defendant company had refused to employ the complainant at Heathrow on the basis that he was Italian, and relied upon exemptions in the 1976 Act. Held: A Statutory provision which permitted discrimination against a worker employed in Europe operated against the Treaty obligation to afford free movement of workers and is to be ignored. … Continue reading Bossa v Nordstress Ltd: EAT 13 Mar 1998
An allegation that the advisory committee on the appointment of justices of the peace had acted in a racially discriminatory manner was outside the jurisdiction of the industrial tribunal. The authority was not subject to the Act. Citations: Times 18-Mar-1999 Statutes: Race Relations Act 1976 12 Discrimination Updated: 17 May 2022; Ref: scu.77883
The council had dismissed a black road sweeper to whose appointment the trade union objected on racial grounds. Held: The council’s motive for doing so, to avert industrial action, could not avail them. Woolf J said: ‘In this case although the employer’s motives are wholly unobjectionable, he is clearly treating the black employee less favourably … Continue reading Regina v Commission for Racial Equality (ex parte Westminster City Council): QBD 1984
The applicant was given notice on 3rd February 1983 terminating his employment on 28th February 1983. The question arose on appeal whether the date of the notice or the date when he left employment was the relevant date. Held: With a discriminatory dismissal, time does not run until the notice of dismissal has expired and … Continue reading Lupetti v Wrens Old House Ltd: EAT 1984
Judges: Kilner Brown J Citations: [1978] IRLR 532 Statutes: Race Relations Act 1976 Jurisdiction: England and Wales Cited by: Cited – Showboat Entertainment Centre v Owens EAT 28-Oct-1983 The employer had dismissed an employee who had refused to comply with a discriminatory instruction by the employer to exclude blacks from the employer’s amusement centre. The … Continue reading Zarcynska v Levy: EAT 1978
An employee pursuing a claim of racial discrimination against his employers requested time off to see his adviser on the claim. The company refused, he took the time off, and was later dismissed. Since the company normally allowed on short notice short periods of absence for domestic reasons, to refuse because he was pursuing a … Continue reading TNT Express Worldwide (UK) Ltd v Brown: CA 18 Apr 2000
Lord Denning MR said: ‘In recent years we have had to consider the procedure of many bodies who are required to make an investigation and form an opinion . . In all these cases it has been held that the investigating body is under a duty to act fairly: but that which fairness requires depends … Continue reading Regina v Race Relations Board, Ex parte Selvarajan: CA 1975
An action for damages for race discrimination survived the death of the complainant, and could be prosecuted by the complainant’s personal representatives. The statutes which applied were different from those in other discrimination cases. However the Law Reform (Miscellaneous Provisions) Act 1934 provided that any cause of action except defamation should survive the death of … Continue reading Lewisham and Guys Mental Health NHS Trust v Andrews (Deceased): CA 28 Mar 2000
The tribunal considered the method of selection of the pool on a claim for indirect discrimination. In this case the claimant alleged that an age test applied on his application would effectively limit the proportion of coloured who would meet the tests. Held: The Commission’s appeal was allowed in part. The proportion of late immigrants … Continue reading Perera v Civil Service Commission (No 2): EAT 1982
The question arose as whether the Inland Revenue were concerned with the provision of services in their activities relating to the adminsitration of the taxation system, so as to bring them within section 20 of the 1976 Act. Held: They were providing services.Templeman LJ said: ‘The Race Relations Act 1976 undoubtedly poses and is continually … Continue reading Savjani v Inland Revenue Commissioners: CA 1981
The House was asked whether the grant of special vouchers under the special voucher scheme introduced came within section 29 of the 1975 Act. Acts performed pursuant to a government function did not come within the meaning of service. Discrimination laws did not apply to acts done on behalf of the Crown which were of … Continue reading Regina v Entry Clearance Officer, Bombay, Ex parte Amin: HL 1983
The appellant, an Indian teacher had applied unsuccessfully for the post of head of history at Holloway School. He complained of race discrimination. Held: Browne-Wilkinson P said: ‘As has been pointed out many times, a person complaining that he has been unlawfully discriminated against faces great difficulties. There is normally not available to him any … Continue reading Chattopadhyay v Headmaster of Holloway School: EAT 1981
A dismissal after an employee’s refusal to follow an order to racially discriminate was itself racial discrimination. Citations: Gazette 26-Feb-1998, (1998) IRLR 14 Statutes: Race Relations Act 1976 Discrimination Updated: 10 April 2022; Ref: scu.90343
Claim of race discrimination available to concessionaire staff against store. Citations: Times 28-May-1996 Statutes: Race Relations Act 1976 7 Employment Updated: 08 April 2022; Ref: scu.81265
The Court discussed the nature of ‘a requirement or condition’ for the purposes of the 1976 Act. Held: Dillon LJ said: ‘The case of Perera decided that there can only be a requirement or condition within s.1(1)(b) of the Race Relations Act 1976 if the requirement or condition, or whatever other word may be used … Continue reading Meer v London Borough of Tower Hamlets: CA 26 May 1988
In each case the local authority sought to recover possession of its own land. In the Lambeth case, they asserted this right as against an overstaying former tenant, and in the Leeds case as against gypsies. In each case the occupiers said that the recovery of possession interfered with their right respect for their family … Continue reading Kay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others and others: HL 8 Mar 2006
The applicant, an employee at a job centre was demoted because he had disclosed confidential information about possible contraventions of the race relations legislation. He complained of race discrimination, saying his disclosure was a protected act. Held: This was not victimisation within section 2. The relevant question was whether the employers had treated the complainant … Continue reading Kirby v Manpower Services Commission: EAT 1980
EAT RACE DISCRIMINATION Racial harassment – Tribunal did not make a finding on the question of whether a fellow employee used the expression ‘white trash’ in his hearing, did not make findings on certain relevant aspects of section 3A of the Race Relations Act 1976 and did not deal with one aspect of the Claimant’s … Continue reading Cam v Matrix Service Development and Training Ltd (Race Discrimination): EAT 28 Aug 2013
The plaintiff was used to going swimming. He was 60. He complained that whereas his wife, of the same age was admitted free, he had had to pay .75p. He claimed sex discrimination. Held: Though his claim failed, Sir Nicolas Browne-Wilkinson V-C said: ‘it is not permissible for a defendant in such a case to … Continue reading James v Eastleigh Borough Council: CA 1985
The court considered whether discriminatory acts after the termination of employment were caught by the respective anti-discrimination Acts. The acts included a failure to give proper references. They pursued claims on the basis of victimisation after their primary discrimination claims. Held: The 1975 and 1976 Acts were similarly phrased and the wording in the 1995 … Continue reading Relaxion Group plc v Rhys-Harper; D’Souza v London Borough of Lambeth; Jones v 3M Healthcare Limited and three other actions: HL 19 Jun 2003
Proving Discrimination – Two Stage Process Each appeal raised procedural issues in discrimination cases, asking where, under the new regulations, the burden of proof had shifted. Held: The new situation required a two stage process before a complaint could be upheld. First the claimant had to establish facts allowing the tribunal to conclude, in the … Continue reading Igen Ltd v Wong: CA 18 Feb 2005
The appellants were mothers of two servicemen who had died whilst on active service in Iraq. They appealed refusal to grant a public inquiry. There had already been coroners inquests. They said that Article 2 had been infringed. Held: The appeal was dismissed. The right to an inquiry was procedural and depended first on the … Continue reading Gentle, Regina (on the Application of) and Another v The Prime Minister and Another: HL 9 Apr 2008
The court considered the impact of secular discrimination policy on admissions policies of religious schools. Held: A school admissions policy which gave priority to children of their designated faith did not discriminate unlawfully either directly or indirectly on racial grounds. Munby J [2008] EWHC 1535 (Admin), Times 18-Jul-2008, [2008] ACD 87, [2008] ELR 445 Bailii … Continue reading E v The Governing Body of JFS and Another: Admn 3 Jul 2008
The seller sold aluminium to the defendant, but included a clause under which they retained title in the materials sold, even if mixed in with manufactured goods, until they had been paid for the metal. The defendants appealed a finding that the receivers held the proceeds of sale of the manufactured goods on trust for … Continue reading Aluminium Industrie Vaassen B V v Romalpa Aluminium Ltd: CA 16 Jan 1976
An Asian member of the respondent association of taxi cab operators secretly recorded conversations with other members to gather evidence for a claim under the Act. He was expelled from the association for this conduct. He alleged race discrimination and victimisation. Held: The issue was whether the act was an act of discrimination. The association … Continue reading Aziz v Trinity Street Taxis Ltd: CA 26 Feb 1988
The employer had dismissed an employee who had refused to comply with a discriminatory instruction by the employer to exclude blacks from the employer’s amusement centre. The tribunal at first instance had found that that was a dismissal ‘on racial grounds’, notwithstanding that the dismissed employee was white. Held: The employer’s appeal failed. The Appeal … Continue reading Showboat Entertainment Centre v Owens: EAT 28 Oct 1983
Dyson LJ considered the interaction between race relations law and planning permission in the context of gypsy encampments. He looked at section 71 of the 1976 Act and said: ‘In my judgment, it is important to emphasise that the section 71(1) duty is not a duty to achieve a result, namely to eliminate unlawful racial … Continue reading Baker and Others, Regina (on the Application of) v Secretary of State for Communities and Local Government and Others: CA 28 Feb 2008
The claimant sought to assert race discrimination by the Labour Party in not selecting him as a political candidate. The defendant, chairman of the party appealed.
Held: A political party when selecting candidates was not acting as a . .
The applicant sought appointment as a post-master, and claimed race discrimination when the respondent failed to interview or appoint him. He was required only to provide premises and to ensure that services were provided without being obliged . .
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EAT JURISDICTIONAL POINTS Working outside the Jurisdiction Hong Kong based cabin crew employed on Hong Kong to London flights. Whether working partly at an establishment in Great Britain for purposes of s.8(1) Race Relations Act 1976; reg 10(1) Age Regulations 2006. Employment Tribunal finding that they were upheld. Citations: [2010] UKEAT 0055 – 09 – … Continue reading British Airways Plc v Mak and Others: EAT 20 Jan 2010
The claimant sought to bring an action for race discrimination. The defendant argued that the alleged acts of discrimination took place whilst he was on a posting abroad in Cyprus after serving 16 years in England, and that therefore the tribunal did not have jurisdiction. The EAT considered that the question had to be looked … Continue reading Saggar v Ministry of Defence: CA 27 Apr 2005
The Claimant complained to an industrial tribunal of unlawful racial discrimination. He had suffered a nervous breakdown and was certified as unfit for work due to stress. The employer had compromised all claims justiciable by the Employment tribunal. Held: The employment tribunal had similar powers to the county court when hearing cases alleging the tort … Continue reading Sheriff v Klyne Tugs (Lowestoft) Ltd: CA 24 Jun 1999
That a company did not allow to Muslims time of for Eid did not establish lack of intent to discriminate. Citations: Times 13-Nov-1995 Statutes: Race Relations Act 1976 57(3) Jurisdiction: England and Wales Employment, Discrimination Updated: 09 December 2022; Ref: scu.81564
Appeal at the instance of the Lord Chancellor and his department against the decision of the Employment Tribunal that in the selection of a special adviser he contravened the provisions in respect of the first respondent, as she now is, the Sex Discrimination Act 1975 and in respect of the second respondent, as she now … Continue reading The Lord Chancellor and Another v Coker and Another: EAT 17 Jan 2001
No Judicial Review of Decisions of Private Body Despite the wide range of its powers, the disciplinary committee of the Jockey Club remains a domestic tribunal. Judicial review is not available to a member. The relationship is in contract between the club and its member. Sir Thomas Bingham MR said: ‘No serious racecourse management, owner, … Continue reading Regina v Disciplinary Committee of the Jockey Club, ex parte Aga Khan: CA 4 Dec 1992
The applicants had come to the UK after being excluded from their own island of Chagos. They sought judicial review of the refusal of Job Seekers’ Allowance after a finding that they were not resident here. Judges: Ward LJ, Thomas LJ, Wa;; LJ Citations: [2007] EWCA Civ 1086, [2008] ACD 21, [2008] 1 WLR 2762 … Continue reading Couronne and others v Bontemps and others: CA 2 Nov 2007
Application for leave to appeal against dismissal of complaint of race discrimination and unfair dismissal. Judges: Peter Gibson LJ Citations: [2001] EWCA Civ 446 Links: Bailii Statutes: Race Relations Act 1976 1(1)(a) Jurisdiction: England and Wales Employment, Discrimination Updated: 23 November 2022; Ref: scu.200861
The claimant appealed dismissal of his claim for race discrimination, saying that the defendant had failed to comply with its own disciplinary procedures. She had been accused of making inappropriate remarks after 9/11. The EAT had found that the ET had misunderstood the defendant’s procedures. Held: The appeal succeeded. The suspension had proceeded despite awareness … Continue reading H Aziz v Crown Prosecution Service: CA 31 Jul 2006
The applicant sought leave to appeal against a decision disallowing his complaint at his claim for race discrimination being struck out as scandalous, frivolous or vexatious. He said that the Tribunal had dismissed his claim without giving him opportunity to present the facts on which it was based. Held: Given the decision on Roffey, the … Continue reading Balamoody v United Kingdom Central Council for Nursing: CA 14 May 2001
The employee appealed a finding that the employer had not discriminated against her, saying that the tribunal had refused an adjournment. Held: The refusal or grant of an adjournment was a matter within the discretion of a tribunal in fulfillment of its case management duties. In the absence of exceptional reasons, an appeal court could … Continue reading Harrold v North Bristol NHS Trust: CA 2 Nov 2007
EAT JURISDICTIONAL POINTS- Agency relationshipsRACE DISCRIMINATIONDirectInjury to feelingsAccepted, in line with EAT authority, that common law agency principles apply to Race Relations Act s32(1). On that basis employer appeal against agency finding upheld and set aside.Injury to feelings award manifestly excessive and wrong in principle (see Vento). Award reduced from andpound;12,000 to andpound;6,000. Judges: Peter … Continue reading Ministry of Defence v Kemeh: EAT 11 Mar 2013
The court emphasised the ubiquitous need to make the findings of primary fact without which it is impossible to consider the drawing of relevant inferences. A tribunal hearing a race discrimination case must ask the question as put by the Act; there was a fundamental flaw in the decision in asking and answering wrong question. … Continue reading Marks and Spencer Plc v Martins: CA 19 Dec 1997
On a true construction of section 2(1), a person alleged to have been victimised had to establish that the alleged discriminator, in treating him less favourably than another, had a motive which was consciously connected with the race relations legislation. Citations: [1997] EWCA Civ 2671, [1998] IRLR 73 Statutes: Race Relations Act 1976 2(1) Jurisdiction: … Continue reading Nagarajan v London Regional Transport; Swiggs and London Regional Transport v Nagarajan: CA 7 Nov 1997
The claimants alleged that the way in which Harrods organised their sales worked as race discrimination. Harrods now appealed against decisions that such a case might be brought under section 7 of the 1976 Act. Citations: [1998] ICR 156, [1997] IRLR 583, [1998] 1 All ER 52, [1997] EWCA Civ 2126 Links: Bailii Statutes: Race … Continue reading Elmi v Harrods Ltd and Another Harrods Ltd v Remick Harrods Ltd v Seeley: CA 17 Jul 1997
Store setting terms for concessionaire to employ staff liable for racial discrimination in election of staff by concessionaire. Citations: Times 22-Jul-1997 Statutes: Race Relations Act 1976 7 Jurisdiction: England and Wales Discrimination Updated: 09 November 2022; Ref: scu.81264
EAT Race Discrimination : Continuing Act – The Claimant complained of entries made on Facebook by work colleagues, said to be acts of discrimination on the grounds of disability and nationality. He was found to be out of time. The Employment Judge’s decision at a PHR in part was reversed. The Employment Judge erred in … Continue reading Novak v Phones 4U Ltd: EAT 14 Sep 2012
The applicant alleged that his rights had been infringed by his dismissal from his post as driver transporting children and adults with physical and/or mental disabilities. He had stood for election as a candidate for the British National Party, a party then allowing only white nationals as members. The majority of his customers and a … Continue reading Redfearn v The United Kingdom: ECHR 6 Nov 2012
The appellant had complained to the Employment Tribunal alleging race discrimination by the Respondent. That claim had failed, and several appeals had also failed. The claim alleged indirect discrimination, and the respondent admitted unwitting indirect discrimination, and accordingly no damages were payable. Because of his manner of conduct of the proceedings, including disclosure of matters … Continue reading Dr Adoko v Law Society: CA 7 Mar 1997
Race discrimination which took place after a dismissal was not unlawful within the section, since that first required the context of employment, and after the dismissal, the applicant was no longer in that employment. The natural meaning of the phrase ’employed by him’ in section 4 (2) was confined to persons employed at the time … Continue reading Post Office v Adekeye: CA 13 Nov 1996
Individual officers, but not the police force itself are answerable in a race discrimination claim. The force is not vicariously liable for an individual officer’s acts. Citations: Gazette 06-Nov-1996, Times 10-Oct-1996, [1996] EWCA Civ 684, [1998] QB 65, (1997) 9 Admin LR 601, [1997] 1 All ER 289 Links: Bailii Statutes: Race Relations Act 1976 … Continue reading Farah v Commissioner of Police for Metropolis: CA 9 Oct 1996
EAT RACE DISCRIMINATION – Race Relations: jurisdictionThis appeal is concerned with the application of section 68 of the Race Relations Act 1976. The Employment Tribunal held, on a Pre-Hearing Review, that there was no reasonable prospect that a Tribunal would find the alleged acts of harassment that pre-date the Appellant’s dismissal could be found to … Continue reading Alam v London Probation Trust: EAT 15 Mar 2012
The claimant applied for leave to bring an action for race discrimination nine years after the acts complained of. Leave was granted. The respondent said the tribunal should have heard the complaint first before deciding to extend time. Held: The discretion given was to act as the tribunal thought just and equitable. There was no … Continue reading Afolabi v Southwark London Borough Council: CA 24 Jan 2003
EAT RACE DISCRIMINATION Inferring discrimination Comparison Appeal by the Hospital Trust on grounds that (a) there was a failure to construct a true hypothetical comparator (b) there was a failure to properly consider whether the treatment of the Claimant was on racial grounds under s.1(1)(a) of the Race Relations Act 1976 and (c) there were … Continue reading Central Manchester University Hospitals Nhs Foundation Trust v Browne: EAT 10 Feb 2012
EAT Jurisdictional Points : 2002 Act and Pre-Action Requirements – Claims under the Race Relations Act 1976 – Judge wrong to hold that employee had failed to lodge a relevant grievance for the purpose of section 32 of the Employment Act 2002 (dicta of Elias P in Martin v Class Security Installations Ltd that the … Continue reading Odukwe v The Partners of Hoare Lea Consulting Engineers: EAT 27 Jan 2012
EAT PRACTICE AND PROCEDURE – Striking-out/dismissalRACE DISCRIMINATIONHARASSMENTConsideration of ss.12(1A) and 27A Race Relations Act 1976. Employment Judge correct in striking out Claimant’s complaint of harassment under s.3A RRA on particular facts of this case. Judges: Peter Clark J Citations: [2011] UKEAT 0201 – 11 – 0411, [2011] UKEAT 0202 – 11 – 0411 Links: Bailii, … Continue reading Vaidya v The General Medical Council: EAT 4 Nov 2011
EAT Race Discrimination – Discrimination by other bodiesPractice and Procedure – Amendment(a) The Employment Tribunal correctly held it had no jurisdiction to hear Claimant’s case brought under the Race Relations Act 1976 s12 against the General Medical Council as a qualifying body.(b) If it did, and if it were necessary to decide the point, the … Continue reading Tariquez-Zaman v General Medical Council: EAT 20 Dec 2006
The appellant’s application for full registration as a qualified medical practitioner had been refused by the GMC after a five-year maximum period of limited registration. His application for full registration in accordance with section 25 of the Medical Act 1983 was refused by the GMC. He then applied to the Review Board for Overseas Qualified … Continue reading Khan v General Medical Council: CA 11 Apr 1994
EAT Race Discrimination : Direct – Indirect – Continuing actThe Employment Tribunal was correct to find that it had no jurisdiction to entertain claims for direct and indirect discrimination on the grounds of race as the claims were issued out of time, and no application had been made to extend time.Although the Employment Tribunal may … Continue reading Ruhaza v Alexander Hancock Recruitment Ltd: EAT 4 Nov 2011
The claimant was employed by the Army. He claimed that he was racially discriminated against because the army refused to provide him with Halal meat. Held: The 1976 Act first required the applicant to have exhausted the Army’s own internal grievance procedures. He had not done so. The employment tribunal therefore had no jurisdiction to … Continue reading Mangera v Ministry of Defence: CA 19 May 2003
The claimant had succeeded in her claim for constructive unfair dismissal, and of sex and race discrimation at the tribunal. The EAT reversed the discrimination findings saying that the claimant had not set them out in her ET1, and the Tribunal had wrongly extended them, giving the respondents no fair notice. She now appealed against … Continue reading Hewage v Grampian Health Board: SCS 14 Jan 2011
