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
Housing Orthodox Jewish Only not Discriminatory Hackney had statutory housing functions as to allocating social housing. It also nominated applicants to properties owned by housing associations, including AIHA, which only accepted for such nominations households belonging to the Orthodox Jewish community. Hackney identified the First Appellant (Z), who is not a member of the Orthodox … Continue reading Z and Another, Regina (on The Application of) v Hackney London Borough Council and Another: SC 16 Oct 2020
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
The company declared that it would not employ immigrants to work on certain customers’ houses, saying that the customers would be reluctant to allow access. The Centrum, an anti racist organisation said this was in breach of the Directive, and appealed rejection of its claim. Held: Such an advertisement would clearly dissuade applicants for employment … Continue reading Centrum Voor Gelijkheid Van Kansen En Voor Racismebestrijding v Firma Feryn NV: ECJ 10 Jul 2008
(Social Policy) (Opinion) The defendant company had advertised for workers, but said it was unwilling to employ Morrocans.Advocate General Maduro expressed the opinion that the Directive must be understood in the framework of a wider policy to foster conditions for a socially inclusive labour market and to ensure the development of democratic and tolerant societies … Continue reading Centrum Voor Gelijkheid Van Kansen En Voor Racismebestrijding v Firma Feryn NV: ECJ 12 Mar 2008
The respondent resisted a claim of unfair dismissal and race discrimination on the basis that the employment contract was illegal since the claimant was an immigrant and unable to work without a work permit. Held: The Court of Appeal upheld a defence of illegality to a teacher’s complaint against a school of unlawful discrimination by … Continue reading V v Addey and Stanhope School: CA 30 Jul 2004
The claimant said that he had been indirectly discriminated against on racial grounds. He was dismissed after being elected as a local councillor for the BNP. The employer considered that for Health and Safety reasons, his dismissal was necessary because of the upset and disturbance his continued employment would create with Asian co-workers and passengers. … Continue reading A C Redfearn v Serco Ltd T/A West Yorkshire Transport Service: EAT 27 Jul 2005
