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 of the act complained of; and there was no other provision covering cases where the employment had terminated. The court dismissed the appeal.
Judges:
Pill, Mantell and Buxton LJJ
Citations:
Times 03-Dec-1996, Gazette 13-Dec-1996, [1997] ICR 110, [1996] EWCA Civ 943
Statutes:
Jurisdiction:
England and Wales
Citing:
Appeal from – Post Office v Adekeye EAT 23-Feb-1995
An Industrial Tribunal may not look at a claim of race discrimination which had taken place in the context of a disciplinary appeal following a dismissal. The act of discrimination had not been in the course of the employment. . .
Cited by:
Applied – Rhys-Harper v Relaxion Group plc CA 3-May-2001
A sex discrimination claim involving a claim by an employee for damages for sexual harassment, had to be made during the period of employment. An employer’s failure to deal properly with an allegation of sexual harassment could itself be a detriment . .
Appealed to – Post Office v Adekeye EAT 23-Feb-1995
An Industrial Tribunal may not look at a claim of race discrimination which had taken place in the context of a disciplinary appeal following a dismissal. The act of discrimination had not been in the course of the employment. . .
Disapproved – 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
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 . .
Cited – D C D’Souza v London Borough of Lambeth CA 2001
The court dismissed the claimant’s claim for damages for racial discrimination for acts occurring after the termination of his employment by the respondents.
Held: Applying Adekeye, the claim was dismissed, but the court saw ‘some force’ in . .
Cited – Jones, Kirker, Angel and Bond v 3M Healthcare Ltd, Ambitions Personnel (Nottinghamshire) Ltd, British Sugar Plc, New Possibilities NHS Trust and Hackney EAT 11-Dec-2001
EAT Disability Discrimination – Disability
Nicholas Kirker was employed by British Sugar plc as a shift chemist until dismissed. He has very poor eyesight and is registered as fully blind. He claimed he had . .
Cited – Jessemey v Rowstock Ltd and Another CA 26-Feb-2014
The court was asked whether a claim as to acts of victimisation could be sustained in connection with actions alleged after termination of employment.
Held: The appeal succeeded. The Act operated to proscribe such actions. However, this is one . .
Lists of cited by and citing cases may be incomplete.
Discrimination, Employment
Updated: 03 November 2022; Ref: scu.84811
