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 was a trade organisation covered by the Act. Where a claimant alleges discrimination on the basis of a ‘protected act’ within the section, it is for him to establish the connection between the act of discrimination and the protected act. Section 2(1) requires a comparison between the treatment accorded to the person victimised and the treatment which would be accorded to another who has not done the protected acts at all.
Parliament had not intended discrimination to be established. Slade LJ said: ‘even though the evidence shows that the fact that the protected act had been done . . in no way influenced the alleged discriminator in his treatment of the complainant. In such a case, in our judgment, on the true construction of section 2 (1), if the necessary causal link is to be established, it must be shown that the very fact that the protected act was done by the complainant ‘under or by reference to’ that legislation influenced the alleged discriminator in his unfavourable treatment of the complainant.’ Each of the lettered paragraphs of s. 2 (1) ‘contemplates a motive which is consciously connected with the race relations legislation’.
Slade LJ
[1989] QB 463, [1988] ICR 534, [1988] 2 All ER 860, [1988] EWCA Civ 12
Bailii
Race Relations Act 1976 2(1)
England and Wales
Citing:
Cited – Kirby v Manpower Services Commission EAT 1980
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 . .
Cited by:
Approved – Chief Constable of West Yorkshire Police v Khan HL 11-Oct-2001
The claimant was a police sergeant. After many years he had not been promoted. He began proceedings for race discrimination. Whilst those were in course, he applied for a post elsewhere. That force wrote to his own requesting a reference. In the . .
Cited – 1 Pump Court Chambers v Horton EAT 2-Dec-2003
The chambers appealed a finding of discrimination, saying that a pupil was not a member of the set so as to qualify under the Act.
Held: The barristers set or chambers was a trade organisation, but the position of a pupil barrister was not . .
Cited – Fosh v Cardiff University EAT 23-Jan-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 . .
Lists of cited by and citing cases may be incomplete.
Discrimination
Leading Case
Updated: 01 November 2021; Ref: scu.180669
