ECJ Admissibility of the reference for a preliminary ruling – ‘Court or tribunal of a Member State’ within the meaning of Article 267 TFEU – Directive 2000/43/EC – Principle of equal treatment of persons irrespective of racial or ethnic origin – Indirect discrimination – Districts inhabited primarily by people belonging to the Roma community – … Continue reading Valeri Hariev Belov: ECJ 20 Sep 2012
(Opinion) Reference for a preliminary ruling – Directive 2000/43/EC – Equal treatment between persons irrespective of racial or ethnic origin – Article 7 – Defence of rights – Article 15 – Sanctions – Action for compensation for discrimination – Admission mechanism – Refusal by the defendant to acknowledge the existence of discrimination despite the express … Continue reading Braathens Regional Aviation (Equal Treatment Between Persons Irrespective of Racial or Ethnic Origin – Compensation for Discrimination): ECJ 14 May 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
RACE DISCRIMINATION – Harassment, Third-Party Harassment The issue in this appeal is whether s . 26 (1) of the Equality Act 2010 (‘the 2010 Act’) should be interpreted so as to impose liability on an employer for third-party harassment against employees. The Claimant worked as a mental health nurse and was assaulted by a patient … Continue reading Bessong v Pennine Care NHS Foundation Trust (Race Discrimination – Harassment): EAT 18 Oct 2019
ECJ Citizenship of the Union – Principle of non-discrimination on grounds of nationality – Freedom of movement and residence – Articles 12 EC and 18 EC – Principle of equal treatment between persons irrespective of racial or ethnic origin Ethnic – Directive 2000/43 – Legislation of a Member State imposing the transcript of the first … Continue reading Runevic-Vardyn And Wardyn: ECJ 16 Dec 2010
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
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
(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
(Social Policy) Failure of a Member State to fulfill its obligations – Directive 2000/43 / EC – Failure to transpose within the prescribed period Citations: ECLI:EU:C:2005:115, [2005] EUECJ C-320/04 Links: Bailii Jurisdiction: European European, Discrimination Updated: 29 June 2022; Ref: scu.222950
(Social Policy) Failure to fulfill obligations – Directive 2000/43 / EC – Failure to transpose within the prescribed period Citations: C-327/04, [2005] EUECJ C-327/04, ECLI:EU:C:2005:116 Links: Bailii Jurisdiction: European European Updated: 29 June 2022; Ref: scu.222946
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
ECJ (Judgment) Civil service – FRA staff – Member of the temporary staff – Career development report – Internal appeal – Accusations of discrimination – Accusations of victimisation within the meaning of Directive 2000/43 – Administrative enquiry – Disciplinary proceedings – Disciplinary penalty – Reprimand – Articles 2, 3, and 11 of Annex IX to … Continue reading DD v FRA: ECJ 8 Oct 2015
ECJ Judgment – Directive 2000/43/EC – Principle of equal treatment between persons irrespective of racial or ethnic origin – Urban districts lived in mainly by persons of Roma origin – Placing of electricity meters on pylons forming part of the overhead electricity supply network, at a height of between six and seven metres – Concepts … Continue reading Chez Razpredelenie Bulgaria AD v Komisia za zashtita ot diskriminatsia: ECJ 16 Jul 2015
ECJ State failure to fulfill obligations – Directive 2000/43/EC – Failure to transpose within the prescribed period C-335/04, [2005] EUECJ C-335/04, ECLI:EU:C:2005:273 Bailii Directive 2000/43/EC European European Updated: 15 November 2021; Ref: scu.224808
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
molaudi_modEAT11 EAT JURISDICTIONAL POINTS The Claimant sought to bring a claim for racial discrimination against the defendant relating to events which occurred while the Claimant was a serving soldier. He had previously made a complaint about the same matters to the military authorities, which was not brought in time and which was rejected. The Employment … Continue reading Molaudi v Ministry of Defence: EAT 15 Apr 2011
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
